Results 5,201-5,220 of 14,388 for speaker:Clare Daly

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: There were at the time as well, in October. That was precisely the point.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: I am sorry if this question was asked earlier but how many people have been appointed outside a Judicial Appointments Advisory Board, JAAB, recommendation, apart from existing High Court judges or judges who are outside that process anyway? How many were appointed outside of the JAAB process in the lifetime of this Government and the previous Government, or even earlier? I can only ask the...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: When we talk about the existing process and normal procedures being used, would the Minister not accept that that answer means that this was not a normal situation, even under the existing procedures, and that what happened was extraordinary in that it only ever happened on one other occasion and that it is not the norm, even under a flawed or a system that is about to be changed?

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: Fair play to the Chairman. We have had a long day so this-----

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: Is the one inclusive of the present one?

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: I am aware of the law, but that does not alter the fact that what we are now seeing is that other than on this one occasion nobody - I thought there was one other but I take it from the Chairman's helpful intervention that is not the case, has ever been appointed in this way outside the scope of a JAAB recommendation. It is a fact, therefore, and not an inference on my part that this is an...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: Since the Minister took office, no one has been appointed a judge outside of a Judicial Appointments Advisory Board recommendation. That is a fact.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: I assume the Minister is referring to the recent appointment. In terms of the letter of 16 May in which the Judicial Appointments Advisory Board states it would not make a recommendation, the Minister's answer to the question asked by Deputy Chambers was not clear. Was the then Attorney General a signatory to the letter or was she involved in any way in that decision? What role did the she...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: Two separate issues arise. The first is whether the Minister is precluded from commenting and the second is whether he has any of knowledge of the matter. If he is stating that the information is confidential and he does not know the answer, I am prepared to accept that.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: In that case, it would be fair to conclude that, as far as the Minister is aware, it is entirely possible that the former Attorney General was part of the proceedings that led to the Judicial Appointments Advisory Board contacting the Cabinet to state it would not recommend anyone for the position.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: Based on the procedures the Minister outlined, the scenario I presented is entirely possible. I am wondering what happened in the period between the letter from the Judicial Appointments Advisory Board going to Cabinet on 16 May and the statement at the meeting of 13 June in which the Government decided to nominate the then Attorney General to the Court of Appeal. I would like a little more...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: The Minister described these circumstances as normal, whereas we have already established that the circumstances were far from normal. I am not asking the Minister to divulge what happened at the Cabinet meeting. He indicated a memorandum arrived at the Cabinet meeting nominating the then Attorney General for the position. I am trying to find out what happened before that and how the name...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: Would the Minister not be concerned? We are left with this gaping hole in that we do not even know how the nomination came about. It is clear that I will not get an answer to my question. I do not want to stray into the issue of qualifications but the Minister referred to the person being eminently qualified. Would the fact that the person in question does not have any experience as a...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: I was talking about the Court of Appeal and only High Court judges being appointed. I am not going to keep going around in circles but could I have some clarification on a point I may not have heard right? In the reply on the Dáil record, where the Tánaiste was quoted as not having any contact, what is the significance of 23 May?

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: Did the Tánaiste have no contact prior to the 23 May? There is no information to enlighten the committee as to what happened before 13 June, which was when the Court of Appeal nomination was made. Presumably that is a sort of confirmation that between 23 May and 13 June some communication took place.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: There is probably not much point in going around in circles on this matter, but presumably the Minister was at the meeting. I know he says that it would be wrong of us to draw any assumptions but does the Minister believe it is credible that somebody would attend a meeting where a nomination was made via a memo and the recipient of the nomination had no prior knowledge of it? That is not...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Clare Daly: I think the Minister knows that it is not really credible that someone would sit at a meeting and say, "Do you know what? I am going to put you forward for this job." One would know even by the body language of the person and if they had never heard of the nomination before, they would be floored. Clearly the matter would have to have been discussed beforehand and it would be helpful to...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: I move amendment No. 1:In page 5, between lines 26 and 27, to insert the following: “ “civil dispute” means any civil dispute to which this Act applies by virtue of section 3;”. I have three amendments in this section, amendments Nos. 1, 4 and 7. The whole purpose of the grouping is to seek to clarify that the Bill applies to a wider group of disputes rather...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: We are trying to do the same thing. Does the Minister have any idea of what kind of disputes we envisage the amendment would exclude? Are there any?

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Clare Daly: We can probably go with amendment No. 3 for now.