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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (3 Jul 2018)

Charles Flanagan: I did not vote. I do not have a vote.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (3 Jul 2018)

Charles Flanagan: Therefore, for Senator David Norris to go back over issues that have been decided is, to my mind, out of order. I will let the Acting Chairman deal with that, however.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (3 Jul 2018)

Charles Flanagan: I did not have anything to do with the vote.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (3 Jul 2018)

Charles Flanagan: That is Senator Norris's regret not my regret.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: I am here to listen, as I said on the conclusion of the Second Stage debate. I have listened with some interest. Three amendments have been tabled and have prompted much interesting debate. In response to Deputy Norris, I did not say that I regretted the vote, but rather that I respected the vote. I respect it and I am bound by it as far as the time schedule for this Bill is concerned....

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: A key commitment in the programme for Government and in this Bill is that the chairperson will be a lay member - a non-legal person, non-judicial figure.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: I am unable to accept any change to the legislation that would give rise to a situation whereby the chairperson would be a member of the Judiciary. I know Senator McDowell would like that, as would most lawyers, because most lawyers are content with the situation as is.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: Most lawyers are reluctant to embrace the type of reform envisaged in this Bill. The purpose of the Bill is to ensure that "lay member" includes the chairperson. The term "lay member" is used in that context throughout the legislation. It is an important component of this Bill. In many respects, this proposal sits neatly with the debate on the previous amendment in terms of ensuring there...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: Irrespective of where the comments came from, let me say-----

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: -----on behalf of Government, as the Minister for Justice and Equality, the Government and I have full confidence and trust in the Judiciary which has served the State in an excellent manner since its foundation. I want to be clear on that point because there has been reference to an alternative viewpoint. I do not believe the sky will fall in if we have a commission with a non-legal,...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: No.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: I am required to bring that report to the Government. I have not done so. I will do so at the earliest opportunity. I will seek the Government's clearance to have the report published at the earliest opportunity. In the meantime, I am bound by the Seanad vote earlier. It was a debate which took place in my absence. I understand the points raised by Senators. However, I feel when...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: It is not going to be the earthquake he said it will be. In any event, once the report goes to the Cabinet, I would be keen it would be published at the earliest opportunity.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: I never suggested expressly nor did I in any way imply that any Member of the House was engaged in filibustering, much less Senator McDowell himself. I am quite happy to sit here and listen. I found the debate quite valuable in many respects. I hope I will continue to do so. The point of the definition of the lay person which includes the chairperson is that the chairperson can only be a...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: The Bill is drafted to exclude practising lawyers from the lay person concept. Senator Wilson raised an interesting point and I refer Senators to section 33, wherein it deals with the qualification of certain legal academics for appointment to judicial office. That section distinguishes between experience as a legal academic and experience as a legal practitioner.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: Can a legal academic, in some respects, be regarded as a non-legal or lay person? I would be happy to have a look at that. There is the distinction, however, between a legal academic who has not practised law and an experienced legal practitioner who would not qualify for this status as a lay person.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: Not in respect of the lay chairmanship of the commission.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: Does the Senator mean if one was in government?

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: I have not seen the report.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (3 Jul 2018)

Charles Flanagan: I was responding to allegations made by Senator Craughwell.

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