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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: Whether they are persons, consultants or advisers, no arrangement can be made to pay them, unless there is ministerial consent, not only from the Minister for Justice and Equality but also from the Minister for Public Expenditure and Reform. That is not an unusual practice or procedure. I hear Senator Michael McDowell talk about a brokerage and delegation. Nothing is to be delegated. No...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: I will be happy to look at it again.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: To respond to the question asked by Senator Michael McDowell about transparency and the information that may be forthcoming to the Government, bearing in mind that this is an independent commission, we heard a lot of exercised commentary of a highly charged nature yesterday evening about GRECO, which has not been mentioned this afternoon.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: The most important aspect of the engagement of GRECO is ensuring any commission, committee or structure will be independent of the Government and cannot be open in any way to a charge of what might be described as political taint or involvement.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: This is an independent commission and the parameters surrounding the information that will be received by the Minister are clear. The Minister will receive the names of three persons, as provided for in the Bill. The Minister will receive the particulars of the recommended persons: information on their education, qualifications, professional expertise and experience and character, as...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: I gave an indication.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: That is an indication.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: Of course it does.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: The Senator has asked this question on a number of occasions. Having been a former Minister, he knows well the level of remuneration that is available to persons across the State sector, many of whom do this work on a pro bonobasis, giving of their expertise and experience to the State, and they will continue to do so. The parameters we are speaking about, or the frame within which this is...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: I do not believe the people who will serve on this body, either as persons with legal experience representing both arms of the legal profession which will be represented on the commission, as the lay majority, or as the lay chair will say they will take the job but first they want to see what the payment is and how much they will get out of it. I do not agree with the Senator that the first...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: I only hope Senators are on senior counsel time in terms of their per hour rate.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: We have to be mindful of the cost to the Exchequer.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: Amendment No. 30, proposed by Senator Wilson, appears to reintroduce one of the experience and knowledge areas lost in the Dáil amendment process which relate to the processes and procedures for making appointments to public office.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: Amendment No. 30 is not in the grouping.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: Senator Higgins is not here. She has not made any submission. On amendment No. 33-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: I am opposed to amendment No. 32 on the basis that the Government believes that the optimum method to independently select the lay person with the best mix and spread of skills, experience and expertise necessary to succeed in the job is through the specific selection process for the chairperson as conducted by the Public Appointments Services. We have discussed the Public Appointments...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: I was replying to amendments Nos. 32 to 45, inclusive, and had commented on amendments Nos. 32 to 35. Government amendment No. 36 is desirable. Paragraph (b) of the subsection the amendment proposes to insert is important. It fills a gap in the Bill in terms of suitability requirements for the appointment as chairperson. Certainty and clarity are required on this point because this is an...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: I do not accept the amendments for reasons I have already stated. I was earlier accused of engaging in a form of filibustering, so I will not repeat the points raised. The required skills mix of expertise and experience will be best acquired through a specific Public Appointments Service process which will garner all appropriate qualities. The optimum method to independently select the lay...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: What is Senator McDowell referring to in terms of what Senator Bacik is suggesting? Is it a suggestion in her amendment? I presume that the amendment has already been taken-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (10 Jul 2018)

Charles Flanagan: -----because there is no suggestion in the section and there is no amendment to the section that we have not already discussed. It is important Standing Orders are applied in this debate, if the Acting Chairman does not mind me saying.

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