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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: How badly have we been served by our Judiciary over the years that there is such a need to bring in such desperately flawed legislation? Why are we doing this? What purpose are we serving? At least the amendment would allow for the fact that there may be a trickle down effect. The Minister does not envisage that happening, but how can he guarantee in the legislation that there will never...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: It is fully transparent.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: Queried.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: On the point Senator McDowell made-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: I understand the Minister's frustration but currently in any public service or private sector job in respect of which a panel is established for interviews, unsuccessful candidates are given the opportunity to meet again with the panel to discuss where they went wrong. Senator McDowell spoke about a judge or a person who puts himself or herself forward for a judicial appointment and is...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: I asked how the Minister could guarantee there would not be a trickle-down delay. If he cannot do that, the argument he makes is flawed. It is as simple as that and he must accept the points I make.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: The Minister has just agreed with my comment from approximately half an hour ago, which is that he cannot prescribe how the board or the commission would do its work. He cannot do so and therefore he cannot guarantee that if the Bill passes into law, the scenario outlined by Senator McDowell and me, irrespective of the period-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: The Minister has played on the periods I outlined earlier.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: What will we do then? Will we accept that in the Minister's view, this cannot happen and, ergo, we must believe it will not happen, so we will ignore it and move on? Is that what the Acting Chairman is asking me to do?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: I am not comfortable pushing this to a vote until I am 100% certain I know where the Minister stands. I am not certain at this time.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: The Minister has stated his belief and he is expecting me and anybody opposed to that belief to accept his word.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: I specifically refer to this matter.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: I have seen public appointments go very wrong. I have seen this system working and I have seen how it can frustrate entire organisations where there is a trickle-down effect when an appointment is made. It can cause mayhem. If it causes mayhem in organisations not responsible for the administration of justice in the State, what would it do to the administration of justice? We already have...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: We have heard there is a need for this Bill to pass in order that other Bills could be acted upon.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: Do not ask me right now. If I am wrong about that, I apologise. I understand the Minister's bona fides but they are no good when it comes to the workings of this Bill. The Bill must be robust and be able to meet the challenges that will arise as a result of the establishment of this commission. One of these challenges may arise, and in the opinion of my colleague, Senator McDowell, who is...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: It might expedite the passage of the Bill if the Minister were to look at the amendments coming forward and give some indication as to where he stood on them.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: I think we will have a walk-through vote. Under Standing Order 62(3)(b), I request that the division be taken again other than by electronic means.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: There are no Senators from Fianna Fáil present but they may turn up.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: This is about the qualifications the State requires for appointment as, say, the President of the Supreme Court and an ordinary member of the Supreme Court. In the case of the Chief Justice such qualifications would include experience, length of time on the Bench, ability to administer and so on. These qualifications would be different from those required for appointment as an ordinary...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (19 Feb 2019)

Gerard Craughwell: That is most regrettable.

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