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Questions on Promised Legislation (4 Jul 2018)

Charles Flanagan: I thank Deputy Kenny for raising this important issue. I have not yet seen the report but I have requested an early copy. Having heard some reports of the report, I believe that some aspects are disturbing. I would be very keen to act on any recommendations in the report as soon as possible, and conduct a review of the Prohibition on Incitement to Racial Religious or National Hatred Act,...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: It is like the Senator says that all the time.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: I respect the vote of the Seanad. What else can I do?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: A Minister who shall not be named, but who is not in this House.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: I would never suggest to Senators that they are wasting their time. We were here for five hours last night. We dealt with five amendments, on two of which there was no debate because they were ruled out of order, which speaks for itself in terms of time wasting. I am here to listen to Senators and to be constructive. I am more than happy to reflect on amendments that I believe to be...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: Nor should there be any suggestions that members of the Government or otherwise were exercising a formal veto over the appointment of judges. That will not happen.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: Senator Humphreys reads it in the newspaper. We are just about half way through the year, and we have had the nomination by the Government, and the approval and appointment by the President, of 16 judges. That is not indicative to me of any blockage, stop or halt. It is my intention between now and the end of this term to seek a Government approval for the nomination by the President of...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: I am not going to disclose any of the business of the Cabinet. I abide at all times by the twin doctrines of collective responsibility and Cabinet confidentiality. I would not have regarded it as a tough battle to do a job that I regard as being of fundamental importance in the context of my Ministry.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: That is a very liberal presumption.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: I would have thought that, in the few moments in which I attended a debate in the Lower House, Senators would continue in the loquacious manner in which they began at 5 p.m. yesterday. I am surprised that I was missed during the ten minutes I was there. It was even suggested that I might have taken a short break.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: When I left, I was surprised that Senator Norris, a fully paid-up member of the lowerarchy under Senators McDowell and Bacik-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: It is important that we recognise diversity. This is not a lawyer-only zone, nor should it be. The courts and the Judiciary serve the citizens and all our people so it is essential we embark on a process of modernisation in the area of judicial appointments. To answer Senator Bacik, I intend to bring a memorandum to Cabinet tomorrow on the matter of the GRECO report and, should I receive...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: GRECO published its fourth report last month. There was a plenary meeting in Strasbourg between 18 and 22 June. My officials were present. GRECO had received correspondence from the Judiciary. Again this is no secret. The judges published that letter consequently.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: They were critical of the Bill, both in their view that there had not been adequate consultation and, of course, their consistent opposition to the composition of the new commission. Why not? I accept that the judges may have wanted to continue with the JAAB process and not favour the type of reform in which we have a duty and obligation to engage. I very much welcome that the judges made...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: To compare the work, powers, authority and modus operandiof the non-legal members of the commission to those of juries is probably a misapplication or a misunderstanding. It will not be like that at all. It will be more akin to membership of a State board. I am sure there are plenty of Senators who could draw much experience from interaction with State boards. I will come back to that....

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: I think we have something of a balance here. The Department of Public Expenditure and Reform has standard guidelines on allowable levels of remuneration and expenses that will apply here as they do to boards. I anticipate that the level will probably be along the same lines as membership of a State board. I do not accept the comparison between non-legal members of this commission and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: The Senator does not seem-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: -----willing to countenance any specialisation on the part of people who might not be qualified as lawyers. This will be very good. The non-legal or lay people will working well with the judges. That is why I ask Senators to acknowledge the important amendment we made in the Dáil to provide specifically for the presidents of all the courts to be members of the commission. That is...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: That is my expectation.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (4 Jul 2018)

Charles Flanagan: I ask the Senator to consider the status of the Bill with the Senator's amendment and the impact on the Public Appointments Service. I will do so as well and let us see what we come back with.

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