Results 11,221-11,240 of 21,096 for speaker:Charles Flanagan

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: While it has not been grouped it is undoubtedly consequential on the earlier group of proposed amendments which have already been discussed.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: With regard to the series of amendments made recently, some of the amendments we have made have probably gone further than members anticipated. I say that with particular reference to amendment No. 99. These are issues we will revisit on Report Stage.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I see that. It probably bolsters my point that once Committee Stage has been completed, and having regard to the number of amendments that have been made, there will be an opportunity to regroup at that stage. Obviously that is the import of Committee Stage, but I am particularly mindful of it in the context of recent amendments made. I take your point about amendment No. 99.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I made clear both here and on Second Stage the importance of the functions of the director.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I cannot accept the amendment because it would remove two very important elements from the requirements of eligibility of legal academics for appointment to judicial office. First, it would remove the requirement to be a solicitor or a barrister at the time of appointment. Second, it would remove the requirement for practical experience of the courts for a continuous number of years,...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I note that the Chair has indicated that it is a serious question. If a member is prepared to accept the Whip in respect of the individual grouping, that should suffice. He or she does so by dint of his or her attendance. It is not my place to make suggestions or give directions to an autonomous Dáil select committee, but the Chairman has stated it is a serious question. If that is...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I acknowledge the strong lobbying engaged in by the Deputy on behalf of the solicitor profession. She has made an important and serious point. However, I cannot accept the amendment for the following reason. It is essential that any lawyer seeking appointment as a judge, and particularly as a judge of the superior courts, must be in a position to demonstrate knowledge not only of that court...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I do not disagree. I acknowledge the Deputy's comment that she will reflect on the matter between now and Report Stage. However, a strict reading of the amendment indicates that the Deputy is seeking to reduce the two requirements to one, namely that a person has appropriate knowledge of the decisions only. That is somewhat narrow. I accept what Deputy O'Callaghan has said about the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: It is not agreed but it is understood that a majority of the committee is in favour of such an amendment.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I do not accept what the Deputy has said. I believe we dealt with that early on, during Second Stage, in ensuring that in the process, the senior appointments are made along the lines envisaged by the Bill.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: The import of amendment No. 125 is to reduce the discretion of the commission and to provide information on the selection process via public information. I do not believe the amendment is necessary. The form of statements of selection procedures, and of the requisite skills and attributes approved by the commission, are under section 57 which provides for these always to be published in any...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I accept what Deputy Daly has said. We will have another look at it with regard to the wording.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I thought I heard the Deputy Daly say that the wording-----

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I am not minded to accept an amendment that the Deputy who proposed it has said is badly worded. If Deputy Daly was to withdraw the amendment, we could have a look at it. It is not an amendment that we should divide on. If, however, there is an admission that it is badly worded, I cannot accept it.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: It is not agreed.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I acknowledge that there are sufficient members present to ensure that the section, as amended, will be carried and I accept that.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: This is a very important issue. I do not propose to accept the amendment for the following reasons. The issue was the subject of public discourse prior to the arrival of this Bill before this committee. Ranking, exercising preference or advocating a particular order are not contemplated in the Bill. The question of whether the names forwarded to Government ought to be given in the order of...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I would be very concerned at any departure from the current legal position, as outlined in particular by the Judicial Appointments Advisory Board regime. I know we are making substantial and significant changes to the manner in which judges are appointed, but we are not asking the people to change the Constitution and Articles 35 and 39 of the Constitution are quite clear that the President...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: From that, it would be logical that Government would be minded at some stage to go beyond the recommendations of the commission. What we are doing in the Bill is making a significant reform by ensuring that the names of three applicant candidates come before Government and of those one will be recommended to the President. It has not been the practice of the Government to go outside the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (7 Feb 2018)

Charles Flanagan: I do not accept Deputy Daly's contention that there are no constitutional issues here - in fact, there are very much so. The effect of amendment No. 134, in the name of Deputy Wallace, would require the Government to nominate for appointment one of the three persons recommended by the commission process - "require" being the operative word. I repeat that successive Governments down the...