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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: I agree.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: It has been enacted.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: We can certainly do it in the context of further discussion on the amendments as put forward and withdrawn by Senator Bacik but with a view to coming back on Report Stage. My understanding is that the Bill has been enacted.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: We are on section 34, with respect.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: Yes. All the points Senator McDowell raised are valid but they are issues that are more particular to the later sections rather than section 34. For ease of debate, it might be desirable that we proceed in accordance with the accepted practice of going through the Bill on a line-by-line basis. The points raised by Senator McDowell, although they are all valid, are more appropriate to a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: We might.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: That should not be seen to be in some way a response to something I said because Senator McDowell has been so disposed right during the course of this debate.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: I would never make such a suggestion.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: I accept the unimportant point that Senator Norris has made.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: The typographical error has been accepted by Senator McDowell.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: Senator McDowell is right insofar as he suggests that we are now dealing with the heart of the Bill. I am not, a Chathaoirligh, going to go back over ground that has already been covered, with particular reference to the role or, indeed, the disposition of the Attorney General at any given point. I have carefully listened to this debate in its entirety. I am not indicating that I am going...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: I think in these circumstances the use of the word "vetting"-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: -----is not appropriate. I understand that serving judges are assessed in other jurisdictions for promotion. I have already mentioned at an earlier Stage the situation in the neighbouring island, both in Wales and in Scotland. I would be happy to address the point by way of sending a note to Senator McDowell with a particular reference to the point that he makes, not about suggesting names...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: Assess.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: This is precisely because the Courts and Court Officers Acts do not allow for such vetting, or even assessment. To answer Senator McDowell question, yes, this is one of the fundamental pillars of this Bill. This is one of the changes in that the commission will assess the suitability of serving judges for such appointment. This is in response to the public consultation that was undertaken...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: This is telling in the matter of the fundamentals of the commission, with particular reference to its status as having a non-legal majority and a non-legal chair, but that is not to describe the commission as comprising outsiders. Again, I was very careful in the context of the Bill, both in this House and the other House, to reassure people who felt that there was an imbalance here that...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: I did not realise amendment No. 91 was in this group.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: Can we separate it?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: If Senator Bacik wishes to separate it, I do not have a difficulty with that, subject to the agreement of the House.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Charles Flanagan: I am not using this as a device. I accept what the Senator said and I invite him to proceed.

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