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Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I move amendment No. 95:In page 19, lines 21 and 22, to delete “nominated by the chairperson of the General Council of the Bar of Ireland” and substitute “appointed pursuant to paragraph (f) of section 12(1)”.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: Deputy Jack Chambers is correct in principle. I was excluded from committee meetings because an acceptable substitute was not available. Deputy Seán Canney is welcome, but the principle should be acknowledged.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I do not mind that the Deputy is substituting. I am very happy he is here because I want the meeting to conclude.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: Deputy Seán Canney promised to give all members €10 and Deputy Jack Chambers €20.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I move amendment No. 119:In page 28, lines 6 to 9, to delete all words from “has—” down to and including “procedure,” and substitute “has an appropriate knowledge of the decisions”. This group of amendments relates to a requirement in the Bill that a recommendation for appointment to the higher courts - the Supreme Court, the Court of Appeal...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: The points that have been made are interesting. I am not sure what the solution is but I am sure that we have a problem. I agree about practice and procedure and that there should be a level of knowledge there, but the fact that later there is mention of personal conduct of proceedings, would tend to offset the knowledge of practice and procedure and would give a preference to barristers by...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I move amendment No. 125:In page 29, line 31, to delete “may” and substitute “shall publicly”. This is a really tiny amendment. The Bill currently provides that the commission may provide information on the selection procedures and other matters in a statement. This amendment puts an obligation on the commission to publish the information so the public can...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: The purpose of the amendment is precisely to reduce the discretion and to make it an obligation, in the interests of transparency. I take the point that it is poorly worded. It is a typo. We do not need the word "publicly" but we can take that out on Report Stage.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I will press the amendment but obviously it will be tidied up.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I meant the "publicly" part. I would like the amendment included so we can then remove that word later, just in case the amendment was forgotten on Report Stage. I acknowledge that I will tidy up the grammar.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I admit that it is better worded than what is in the Bill now. It is my preference, ahead of what is there. I have enough problems of my own without worrying about the Minister's

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: We will not fall out over it.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: I move amendment No. 133:In page 30, line 38, after “persons” to insert “, ranked in the order of the relevant committee’s preference” ”. This will have to be tidied up because of earlier changes whereby we got rid of the term "relevant committees". This is about the principle of the commission having the ability to rank its choices, which is...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: The points have been well made. There is no constitutional impediment to this whatsoever. The heart of the Bill is about empowering the commission to make recommendations. If it does not rank candidates in order of preference, what is the point of going through all of this?

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: The Minister states we should not depart from the current legislative position. The reason we have spent weeks and months adjudicating on this Bill is that the present situation needs to be altered. There is no constitutional impediment. The judicial appointments review committee, comprising judges and chaired by Mrs. Justice Susan Denham recommended that the Judicial Appointments Advisory...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: My amendment No. 151 is trying to do the same thing as Deputy Wallace's. We are trying to plug the holes in the Bill. As currently constituted, the Government can bypass the recommendations of the commission and nominate whomever it likes. We are trying to stop that. I thought the whole idea behind the commission was the independence of judicial appointments. As currently structured, the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: Exactly.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: This is unfortunate because this is the heart of the Bill and it is the eleventh hour of the Committee Stage. That is regrettable because this whole debate has been cloaked in that it is about wresting from the Government the power to make judicial appointments. We are supposed to be here to take that away from it and exercise more democratic accountability. That is how this Bill has been...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: This amendment was not actually discussed because Deputy Sherlock was not here.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Clare Daly: We skipped over the grouping that included amendments Nos. 127 and 128.

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