Results 7,061-7,080 of 15,389 for speaker:Helen McEntee

Written Answers — Department of Justice and Equality: Departmental Meetings (16 Nov 2022)

Helen McEntee: I can inform the Deputy that I have not yet visited County Clare as Minister for Justice since the Government took office.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: To respond briefly to the previous conversation, I reiterate nobody is being excluded and nobody is being disqualified. Everyone must go through the same process, irrespective of what level along the Judiciary he or she is. They merely have to go through a process. Nobody should be excluded from that, irrespective of who he or she is, particularly where we are talking about a promotion....

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: I fundamentally disagree with the argument that just because one is a sitting member of the Judiciary one should not have to go through an interview process. I have not engaged with just the Attorney General, but also the Chief Justice and many others. There does not seem to be a view that this is something that should be excluded or removed from the Bill. What does anybody ask anyone in...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: I thank the Senator for putting this forward. This group of amendments is proposed in respect of sections 39 and 56. Section 39 specifically deals with the recommendations of the commission being based on merit. Subject to that requirement, account shall be taken of other objectives, which include meeting the needs of users, as the Senator said, of each court in the State with respect to...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: This section sets out exactly what it sets out. It prohibits canvassing for individual positions. It is based on the fact that every person will go through a process. Names will obviously be put forward and the recommendation will be based on those names, the interview process, and the information that has been provided from the commission itself. Yes, the section states that canvassing...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: No.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: The three individuals who are put forward to be shortlisted will be notified. Anybody who is not shortlisted can request and ask but will not be notified unless he or she requests it. If people are within the top three, they will be notified. A person can request to be notified or not. It applies if an individual requests to be notified. It had been the case that everybody would be...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: Some people would want to know and some would not.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: It is not going to be published beforehand but names will be presented at Cabinet. As Senator McDowell knows anything that comes before Cabinet is bound under Cabinet confidentiality. That is still the case. It is the same if I was-----

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: If I was to bring forward a name now obviously the list of eligible judges or the list of those who applied is set out as well and available for people to see but obviously there is Cabinet confidentiality. That applies in the same way but they are not going to be published prior to Cabinet. They are not going to be made available. As I said we actually had in the Bill that every person...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: The Bill sets out that the three names must be given to the Minister for Justice. The Minister will engage as is set out in the handbook and the rule book with the leaders of the coalition or whoever is in Government, with the Attorney General and with Cabinet colleagues. However, names going to Cabinet are bound under Cabinet confidentiality.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: We are looking at that in the reverse so that is not somebody canvassing, that a person is free to understand who the individual is or to ask the question, that is currently the case. Names are put forward and there has to be an understanding of who is being put forward, particularly if people do not know all the names, especially as a large number of names are often put forward or a name...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: It is outside the scope of this Bill but this specific section is very much around canvassing and individuals taking it upon themselves to talk to somebody else or to canvass. What Senator McDowell is talking about is making a decision. I am not sure if the leader of a party or anybody else is going to make a statement that he or she is asking about an individual who may or may not be on a...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: What I would say is that people are not put off by the current process. What we are talking about in section 41 is specifically on the issue of canvassing and does not relate to where a person has been put forward or names have been put forward and decisions have to be taken. We are bound by Cabinet confidentiality and the commission is bound by confidentiality as well. I have not seen a...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: We previously discussed the word "may" but a situation has arisen even in my case where a decision was taken not to fill a particular vacancy or a decision was taken by the president of the relevant court that it was not required, so that allows for that discretion. That is not to say that a Minister might randomly decide not to fill positions in the District Court or elsewhere when they...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: Yes, that is the process that happens now, particularly for the type of vacancy mentioned by the Senator. It ensures there is no gap, particularly for such significant roles. I do not propose to change that. It very seldom happens that a person promoted to a position from one court to the next is automatically appointed or takes up that position immediately for the very simple reason that...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: The answer to the Senator's first question is, "Yes". The second most senior person will take on that position. Obviously, we make no reference to voting and it is "take no part in the performance by the Commission". The performance of the commission is not only to vote but also to discuss the recommendations and the names at hand. That is why the Attorney General would be included....

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: It still applies. Secondly, in response to Senator Ward, it is in the next section.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: It refers to the make-up in a separate section, which I do not have-----

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Helen McEntee: The intention is that it would still be maintained.