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Seanad: An tOrd Gnó - Order of Business (27 Feb 2019)

Gerard Craughwell: While we are discussing the issue of transport, we might also consider the Luas. I live along the green line. When the service started, it was a comfortable way to come into town, but it has now reached the stage where, from approximately 7.30 a.m. until 10.30 a.m. and from 3 p.m. until 7 p.m. or 8 p.m., it is like getting into a sardine can. Trams are so overcrowded, it is not funny....

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: There was some debate between us as to whether the word "may", where it appears for the second time in the proposed section 45(1), would create a problem. I will leave it to my colleague Senator Norris to confirm this, but I believe we had all agreed that the words "the Commission shall" in subsection (2) removed any element of doubt. On the Minister prescribing a time period, we did not...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: I want to clear something up. Regarding what Senator Norris said----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: -----there is something we have got to get clear. What we are talking about is fixing a time for the commission, at the request of the Minister, to report. The point I have been trying to make, and I hope I make it clear, is that there is no simple way to fill a public appointment because, ultimately, it is reviewable by the courts, and I have been involved in public appointments during my...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: I may be talking to the wall on this, but I would like to address amendment No. 91e now, if I may.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: We separated those last night.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: Yes. We will stick with amendment No. 91d then. I am really rather shocked that the Minister would dismiss this amendment so lightly.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: The Minister is not accepting it, though.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: The Minister has been quite definitive in-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: The Minister has been quite assertive in rejecting the amendment. That is regrettable.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: I realise we are speaking to an amendment but I want to put on record that I am fully aware of the fact that this Bill has struggled through this House. Debate on it has gone on for many, many hours, and I commend the Minister on his patience as it has gone through the House. However, I will not be threatened that at some stage the CPP or someone else will limit my right and the right of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: The Acting Chairman had indeed, but I just wish to make the point clear. I call on anyone-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: -----who has looked at the amendments that have been tabled during the debate in this House to show how any of those amendments were vexatious or frivolous. We sought to improve the Bill. We are totally opposed to the Bill. We do not believe it has any purpose in this country and we believe that our Constitution already deals with the appointment of judges. I would like to see a new...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: I respect the Acting Chairman's ruling.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: I move amendment No. 91e:In page 31, between lines 20 and 21, to insert the following:"45.Nothing in this Act shall require the Government or the Minister to make any statement or explanation to the Houses of the Oireachtas in relation to its advice to the President in respect of any person for appointment to any judicial office, whether or not the person was a person recommended by the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: I defer to Senator Norris to speak first.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: We discussed the issue of confidentiality and the importance of not damaging a person's good name or reputation. We discussed recently the impact of the commission failing on its first attempt to find suitable candidates to recommend to Government for judicial appointment. I made the point at that time that if the commission had to go through a second round, speculation in the media, on...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: I am inclined to be sympathetic to the Minister's view that we should deal with this amendment in section 49.What is throwing me off is that it will not be possible, and as was said our amendment goes further than section 49, on Report Stage to bring in the level of certainty we are looking for in this amendment. I am a bit conflicted in not pursuing it, given the way the debate has gone in...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: It seems to me that we are in some way wandering into section 49 and I do not want to do that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (27 Feb 2019)

Gerard Craughwell: There are many things I would like to say about what Senator Norris has just said.

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