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

Charles Flanagan: Instead of which Senator McDowell is talking about a suggestion that was made by Senator Bacik.

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

Charles Flanagan: That is what the debate was based on.

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

Charles Flanagan: Where is that?

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

Charles Flanagan: Where is that proposal so that I can refer to it?

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

Charles Flanagan: That is the point I am making.

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

Charles Flanagan: If Senator McDowell thinks that the chairperson of the general council of the Bar of Ireland is going to go ahead with his own agenda of his own volition and make an appointment to this commission without reference to the council, he is more naive than I ever thought he was. I feel similarly as far as the Law Society is concerned. This provision is identical in wording to that in the Act...

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

Charles Flanagan: I am far from becoming weary, but it is entirely appropriate for me to point out that we are addressing this issue with neither the benefit nor the interest of the vast majority of Members of the House.

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

Charles Flanagan: The Senator suggests it is because of pairing, but it is, in fact, due to a lack of interest.

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

Charles Flanagan: I do not accept that there is an anomaly. I am quite satisfied that both the chairperson of the General Council of the Bar of Ireland and the president of the Law Society of Ireland act at all times for and on behalf of their associations in the context of their role as chairpersons. I do not see how that can conflict in any way with the representative of the Law Society of Ireland being...

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

Charles Flanagan: I cannot understand how there could be any doubt, but Senator McDowell has a doubt. As I indicated earlier, and I am sure the point was not lost, lest there be any doubt, section 13(1) could read, "The Chairperson of the General Council of the Bar of Ireland shall nominate a representative of the General Council of the Bar of Ireland." Similarly section 13(2) could read, "The President of...

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

Charles Flanagan: You are encouraging Senator McDowell to come in. Then you asked me if I would like to come in.

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

Charles Flanagan: If it is up to me, I will answer the charge that was made against me.

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

Charles Flanagan: I am very pleased to have the opportunity. I would say to Senator McDowell that we have, once again, from the master of hyperbole and drama, the idea that a meeting cannot be properly conducted unless it is conducted by a member of the Judiciary.

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

Charles Flanagan: I do not accept that at all. Neither do I accept that this judicial commission, with a non-judicial, non-legal chair and a non-legal majority, is showing contempt for the courts and contempt for and distrust of the Judiciary.I reject that entirely. We are back to the garage man analogy of last week, and the doomsday scenario that due to a flat tire or car crash, this body will not be able...

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

Charles Flanagan: -----as is evidenced by the Chair of our proceedings here. There is no question of anybody being silenced or of anybody's voice not being heard simply because he or she is not in the chair.

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

Charles Flanagan: There is no question of anybody being ostracised. We are following international best practice-----

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

Charles Flanagan: -----with reference to England and Wales, the nearest common law jurisdiction in which-----

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

Charles Flanagan: It is in Scottish law.

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

Charles Flanagan: The Irish and Scottish legal systems have much in common. There is a lay chair in England and Wales-----

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

Charles Flanagan: I am not sure what happens when the lay chair in England and Wales gets a flat tire.

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