Results 8,341-8,360 of 9,252 for speaker:Jim O'Callaghan

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

Jim O'Callaghan: The former Minister wrote to the board on 12 April and the Judicial Appointments Advisory Board replied on 16 May. I am fully aware the Minister was not in office at the time. On 23 May we know the Government nominated seven people to fill vacancies and pending vacancies on the High, Circuit and District Courts. Will the Minister explain why the vacancy on the Court of Appeal was not put...

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

Jim O'Callaghan: In fairness, I appreciate that Deputy Flanagan was not Minister for Justice and Equality at the time. Would he agree that it was unusual that the Minister who received a recommendation or non-recommendation from the Judicial Appointments Advisory Board on 16 May in respect of the Court of Appeal vacancy then did not put that Court of Appeal vacancy on the agenda of the Government on 23 May?

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

Jim O'Callaghan: Did the former Attorney General apply for the vacancy on the Court of Appeal?

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

Jim O'Callaghan: No. We know she did not apply to the judicial appointments board. I am asking the Minister did she apply to the Government.

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

Jim O'Callaghan: If somebody is nominated by the Government for a position, I presume the person would have applied for that position. Will the Minister not confirm to the committee that the successful candidate applied to the Government to fill the vacancy?

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

Jim O'Callaghan: The Minister had no difficulty stating that members of the High Court had applied for this vacancy. Why is he reticent about stating the successful candidate applied for the vacancy?

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

Jim O'Callaghan: I accept that fully.

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

Jim O'Callaghan: The Government indicates there is now a parallel scheme of appointment for lawyers other than the application through the Judicial Appointments Advisory Board. It is incumbent on the Government to make other lawyers aware of this parallel scheme. That is the reason I asked if the successful candidate was nominated. I ask it again. Was a written application received from the successful...

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

Jim O'Callaghan: We disagree on that and I will not probe the Minister any further on it. Has the Minister asked his officials whether the Judicial Appointments Advisory Board informed the Department it believed a sitting High Court judge should fill the vacancy?

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

Jim O'Callaghan: Was there any informal communication from the Judicial Appointments Advisory Board to the Department stating its preference was for a sitting High Court judge?

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

Jim O'Callaghan: I have two more questions. As an experienced politician, does the Minister think it appropriate that the successful candidate stayed in the Cabinet room when her candidacy was being discussed by the Cabinet?

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

Jim O'Callaghan: I wish to confirm a matter. The Minister spoke about the Judicial Appointments Commission Bill 2017 that is currently on Second Stage. Will the Minister confirm that if that legislation had been enacted, nothing in it could stop what happened on 13 June from being repeated?

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

Jim O'Callaghan: Seven judges were nominated by the Government to the High Court, the Circuit Court and the District Court.

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

Jim O'Callaghan: That was a sitting judge.

Judicial Appointments Commission Bill 2017: Second Stage (Resumed) (28 Jun 2017)

Jim O'Callaghan: They will be selected by lottery.

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

Jim O'Callaghan: I support this amendment. It is very important that mediations remain confidential, not just between the mediator and parties involved but also to any individual who is brought into the mediation process as an expert or whatever. The whole process must be recognised as being confidential. We were going to table an amendment to this effect on Report Stage but since Deputies Daly and Wallace...

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

Jim O'Callaghan: Just as the Minister does not want to be responsible for dividing the committee, I do not want to be responsible for dividing Deputies Wallace and Daly, but I prefer Deputy Daly's amendment No. 14 to Deputy Wallace's amendment No. 12. Amendment No. 14 contains everything within amendment No. 12 but states it more succinctly and there is less prospect in it of any statutory ambiguity.

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

Jim O'Callaghan: One of the main issues is whether there should be a code of practice or a variety of codes of practice. My preference would be for the former. If we start going down the road of mediators having a series of codes of practice, we would end up like boxing associations with different organisations having different codes of practice and people being able to say that they are regulated by the...

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

Jim O'Callaghan: It should be a written report and the wording of section 17 implies it would be a written report, so I do not see any harm in stating it will be a written report. Otherwise, one will not get the detail that is set out in the rest of section 17(1). A further point concerns section 17(1)(b)(iv), which states: "if no mediation settlement has been reached, a statement as to whether, in the...

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Jim O'Callaghan: As I have the Minister here it would be remiss of me not to mention this matter. The committee is aware that on 1 December last year, which is seven months ago, a judicial appointments Bill that passed Second Stage came here for Committee Stage but we never got the money message. Seven months later we still have not received the money message. Another judicial appointments Bill is going...