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Joint Oireachtas Committee on Justice, Defence and Equality: Equality (Miscellaneous Provisions) Bill 2017: Discussion (24 Jan 2018)

Donnchadh Ó Laoghaire: I might clarify. There are existing definitions of "disadvantaged community". Take for example job applicants from designated RAPID and CLÁR areas. We would not be expecting employers to devise new definitions.

Joint Oireachtas Committee on Justice, Defence and Equality: Equality (Miscellaneous Provisions) Bill 2017: Discussion (24 Jan 2018)

Donnchadh Ó Laoghaire: No, but I might come back in later.

Residential Tenancies (Amendment) Bill 2018 Second Stage: Second Stage [Private Members] (23 Jan 2018)

Donnchadh Ó Laoghaire: I will pick up where Deputy Ó Broin left off. I commend the Bill. For a long time Ireland has lagged quite a distance behind EU comparators in protections for tenants and not just in the area this legislation deals with. Previously we have discussed the issue of tenants being able to remain in a property after the property is sold, which is a frequent occurrence. The amendments...

Reception Conditions Directive: Motion (23 Jan 2018)

Donnchadh Ó Laoghaire: Ar an gcéad dul síos, ba mhaith liom a rá go raibh cuid mhaith díomá faoin bplean agus faoin scéim a chur an tAire os comhair an choiste an tseachtain seo caite agus atá os ár gcomhair tráthnóna inniu. As I said last week in the committee, the Department appears to want garlands and congratulations for this measure, which is quite...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: Like Deputy Wallace, I believe there is a role for the two positions concerned but I also believe that another mechanism can be found to facilitate this, be it that they serve as ex officioor additional lay members. This issue will need to be revisited on Report Stage. In the context of the proposal that the commission, as a whole, be responsible for the appointment of judges, I believe...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: I will speak to amendment No. 31, which is an enabling amendment allowing for the more substantial amendment No. 50. That amendment is not included in this grouping, so it is necessary to explain the amendments. One of the points raised on Second Stage was that, while the issue of a lay majority was favoured by many, a lay membership alone would not suffice, in that lay members would need...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: Amendment No. 31 is required to facilitate amendment No. 50. I want to respond to Deputy O'Callaghan who thinks it is a bit complicated. I think the amendment is quite simple and straightforward. It is based on the premise that it will not be possible to identify all the organisations that would have an interest in this. While it looks complicated legislatively, ultimately it is a simple...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: I move amendment No. 31:In page 12, to delete line 7 and substitute the following:“(h) 3 lay persons appointed under section 15(3) (the General Lay Appointments), and (i) 3 lay persons appointed under section 15(3) (the Diversity and Social Inclusion Appointments).”.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: I move amendment No. 38:In page 13, line 37, to delete “determine.” and substitute the following:“determine, and (c) submit to the Director, a Declaration of Interests, within 1 month of appointment, and thereafter, in January of each year.”. This is a very straightforward amendment. The section relates to terms and conditions of membership who are part of the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: I take on board the comments and may return to the issue on Report Stage.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: I am of two minds on this, but I am inclined not to support the amendment. I might think differently were the period longer, for example, a renewable five-year term, but even a total block of six years if reappointed would not be excessively long. If the commission had six different lay members every three years, their influence within the process might be reduced, given that it would take...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (23 Jan 2018)

Donnchadh Ó Laoghaire: I have some sympathy for the intention behind the amendment although I do not support it. Notwithstanding whatever issues may exist or may have existed with any of the organisations referred to, these are official representative bodies. They are organisations that have policies and have developed views around sentencing, the appointment of judges and court procedures. It is probably the...

Topical Issue Debate: Public Transport Initiatives (17 Jan 2018)

Donnchadh Ó Laoghaire: There has been a great deal of talk in recent years, particularly in the past 12 months, about the need for balanced regional development. One of the core areas in the better balancing of population will be Cork, particularly the Cork metropolitan area. I have tabled parliamentary questions before on this matter to the Minister, but I felt it was important to tease out the details with him...

Topical Issue Debate: Public Transport Initiatives (17 Jan 2018)

Donnchadh Ó Laoghaire: I take some positives from the Minister's response. The transport strategy is welcome and I look forward to examining it when it is published. I hope it will show the ambition required. I am aware of some of the items which have been funded, including the city centre movement strategy and the DLUTS. There are many good points in them, but most of them have to do with managing traffic....

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Donnchadh Ó Laoghaire: I will be brief. Regarding some of the points made by Deputy Wallace, we support the idea of a lay majority on the judicial appointments commission. We believe it is in line with what is in place in many other jurisdictions and in many other professions and organisations, and that is something that we will be supporting throughout this process. A point that was clearly made is that lay...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Donnchadh Ó Laoghaire: As I noted with the previous set of amendments, the procedures committee would have a very specific role to play in guiding the diversity and representation of the Judiciary and it was worth preserving. Having said that, the multiple committees of 11 members drawn from a commission of 13 members amount to an overly complex system. It is unnecessary. It would be desirable for one body to...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Donnchadh Ó Laoghaire: We will be supporting all the amendments. At the heart of our position will be support for a lay majority, but I think there are other ways of doing this. I have no problem with a commission of 17. Perhaps the Government does, but I certainly do not. One of the issues arising from this bureaucracy is that there would be six lay members, but only five on each committee. There would be lay...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Donnchadh Ó Laoghaire: I move amendment No. 13:In page 9, line 24, to delete "5 years" and substitute "3 years". The two amendments are very straightforward and I simply felt it appropriate, given the weight, importance and complexity of the legislation, that it would be reviewed sooner. I am proposing that after the establishment of the commission, a review would take place after three years rather than five...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Donnchadh Ó Laoghaire: I am willing to take into consideration what the Minister has said in terms of the ongoing review. I may possibly return to it on Report Stage but for the minute, I am happy to withdraw the amendment.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Donnchadh Ó Laoghaire: I move amendment No. 16:In page 10, between lines 2 and 3, to insert the following:"Recommendations to be based on merit 7.(1) No person shall be recommended, under this Act, for appointment to judicial office unless they are of sufficient merit to discharge with distinction the responsibilities of the office to which they are appointed (the "Merit Principle").(2) Subject always to the Merit...

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