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

Charles Flanagan: Incorporated in the Bill is the procedures committee, which will be charged with the responsibility of working out precisely that procedure. We are transforming from the current JAAB to a new type of structure. We will still have the same number of appointments.

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

Charles Flanagan: That is precisely why we are introducing this reforming piece of legislation. It is why there is a need for it.

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

Charles Flanagan: I hear among the commentariat and Members of this House that this is a vanity project for which there is no need; there is a need for it. Senator McDowell is quite right when he makes the point there is a need for it. I do not foresee that there will be immediate gridlock in the commission when it deals with the appointment of in or about 50 judges per year. Senator McDowell said people...

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

Charles Flanagan: There will be an allowance paid for the expertise of people. The procedures committee may, for example, allocate a sub-committee to deal with interviews for the District Court judges. I cannot say for certain, no more than Senator McDowell, how many people would be interested in those positions. Of any 100 applicants, for example, 20% would be ineligible for a number of reasons and there...

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

Charles Flanagan: Amendment No. 8, in the name of Senator Ó Donnghaile, proposes to insert a new section in place of the current section 7. The Senator will be aware it is similar to an amendment discussed at some length already at the Dáil committee which was ultimately withdrawn by the Senator's colleague. It was well flagged in the Dáil that the matter would be submitted in an updated form...

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

Charles Flanagan: There is not one. I echo what the Senator said.

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

Charles Flanagan: There is no deal, and I am glad Senator Ó Donnghaile brought that up.

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

Charles Flanagan: I do not wish to enter into any competition between the Houses. I say this only following the provocation on the part of Senator Ó Donnghaile but if one looks at the Report Stage amendments in the Dáil, one will see Senator Ó Donnghaile's party opposed more Government amendments, and voted for more Opposition amendments, than any form of support for Government on either side....

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

Charles Flanagan: I acknowledge that. Did I hear Senator McDowell saying he was withdrawing an amendment?

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

Charles Flanagan: Amendment No. 10 in the name of Senator McDowell would have the effect of adjusting the reference in section 7(1) that a decision to recommend a person for appointment to judicial office shall be based on merit alone. In amendment No. 11, Senator Ruane wishes to remove the term "to the extent feasible and practicable" from section 7(2)(b). We discussed these issues under amendment No. 3...

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

Charles Flanagan: The amendment seeks to amend section 36, which deals with the recommendation of names to the Minister and further conditions to be satisfied by adding, without prejudice, to section 7 in the context of the prohibition on the commission recommending names unless the appropriate competence and probity of other conditions are satisfied. I am not inclined to accept it and it does not add...

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

Charles Flanagan: Perhaps I will defer to Senator Higgins and I can come back in, if that is okay.

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

Charles Flanagan: That trial took place marginally before the introduction of the Judicial Advisory Appointments Board, JAAB.

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

Charles Flanagan: I will not stand in his way.

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

Charles Flanagan: Before I speak about amendments Nos. 81 to 83, inclusive, I would like to respond to the point made by Senator Ruane about the inclusion in section 7(2) of this Bill of the words "to the extent feasible and practicable". There is no ulterior motive here. This clause has been inserted in section 7(2) as a safeguard to cover circumstances in which the commission might be prevented from taking...

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

Charles Flanagan: I invited Senator McDowell to make a contribution, having regard to his knowledge and experience. I am pleased I did because I think he has made a reasonable contribution. As far as the health ground is concerned, I would have thought it was not unreasonable in most job applications to have regard to the health of the applicant. For example, if somebody's tasks included the driving of a...

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

Charles Flanagan: I cannot give any timeframes for this legislation. I am in the hands of the Senate. If the Senator asks me where I will be tomorrow, I will probably be here.

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

Charles Flanagan: On the basis of the word "rough" in the Senator's question, given the previous experience., it would certainly be some months. Work needs to be done on the establishment of the commission, its membership, office and staff. One can look at the establishment of other recent bodies, such as the Legal Services Regulatory Authority. I do not believe it can be done within six or eight months....

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

Charles Flanagan: I wish, in the first instance, to respond to Senator Lorraine Clifford-Lee. I acknowledge that amendments Nos. 15, 21, 25, 27, 28, 53, 57, 59, 61 and 63 are in my name. I will be moving amendment No. 15. Before I do so, I want to make a point on amendment No. 13, as proposed by Senator Lorraine Clifford-Lee. It is, of course, entirely consistent with the approach taken by the Senator's...

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

Charles Flanagan: Senators will be aware that an amendment of mine on Report Stage in the Dáil achieved that objective. The Bill, as passed in the Dáil, provides for membership of the commission by these five senior judges. That is important. The Bill also includes an Irish Human Rights and Equality Commission nominee. An amendment in that regard was inserted on Committee Stage in the Dáil....

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