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

Charles Flanagan: The advice of the Government is clear. There are constitutional consequences, particularly in the context of amendment No. 134 in the name of Deputy Wallace. If that was included in the Bill, it would direct the Government on the matter of a nomination or a recommendation. That is where there is a constitutional difficulty and issue. I acknowledge the reference to the Constitution by...

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

Charles Flanagan: This is not the eleventh hour, as Deputy Daly said. Any suggestion this is being rushed through would be doing the Chair a disservice. We are anxious to ensure there is proper and adequate time for debate and proper and adequate scope to ensure that every section of the Bill is considered fully. My difficulty with this particular amendment is that it is mandatory. Deputy Wallace states in...

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

Charles Flanagan: I do not know what the Deputy means by "the second worst". It is far too easy to cast aspersions about a process and state that it has served citizens in a way that is less than optimal during the years. I do not accept that; I strongly reject it. I ask the Deputy to give evidence of any situation where there has been what he might describe as undue politicisation.

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

Charles Flanagan: Having regard to this legislation, people will agree and accept that we are going through a process of significant reform of the manner in which members of the Judiciary are appointed.

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

Charles Flanagan: I make the same point that I made on section 41 insofar as acceptance of the section is concerned.

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

Charles Flanagan: I ask for my disagreement to be noted.

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

Charles Flanagan: What we see here is a proposal to add a new instruction to the commission where it is unable to recommend any names to the Government in respect of a vacancy. The position at present where this would arise is that the commission would report to the Minister the names of all eligible people who had applied, though none were recommended by it. The Government would then exercise its...

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

Charles Flanagan: Amendment No. 128 strays outside the structure of the Bill. Let us see what we can do between now and Report Stage. I am rather conscious of the need to ensure that the constitutional prerogative of Government is at all times preserved and in no way interfered with in a way that might give rise to some difficulty. I remind the Deputy that I know of no relevant circumstance in recent...

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

Charles Flanagan: On the other hand, we have gone through the process. We have seen the commission arrive at a determination whereby, having regard to the number of persons under consideration, it was not prepared to make a recommendation to Government. What would change in the terms of reference in having a second round or another round? What might happen to ensure that on the second occasion after a lapse...

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

Charles Flanagan: Vacancies must be filled and appointments must be made. I do not believe they can be left to a circular process of quarterly meetings. I am not sure if I can accept the premise that we have a commission sent into a loop of re-runs in an attempt to fill a vacancy. Parallel to that, we have the important prerogative of the Government to select a candidate for appointment by the President. I...

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

Charles Flanagan: I wish to have my opposition noted.

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

Charles Flanagan: I wish to have my opposition noted.

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

Charles Flanagan: With reference to the position of the Minister, the Deputy is aware that this was the subject of debate at the pre-legislative scrutiny phase and there was reference to the Minister in the general scheme that is no longer evident. The existing section 46 procedure involves the setting up of an advisory committee consisting of the Attorney General, the chairperson of the commission and the...

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

Charles Flanagan: The Minister's position is to convene the meeting. The Minister would not be present at the meeting and would not be exercising any power or authority over the conduct of the meeting. It is rather the calling together of the persons that is envisaged.

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

Charles Flanagan: I would be very keen to make it work.

Written Answers — Department of Justice and Equality: Crime Data (7 Feb 2018)

Charles Flanagan: I have requested a report from the Garda authorities on the matters raised by the Deputy and I will contact him directly when the report is to hand.  

Written Answers — Department of Justice and Equality: Crime Data (7 Feb 2018)

Charles Flanagan: I propose to take Questions Nos. 136 to 139, inclusive, together. I have requested a report from the Garda authorities in relation to the methodologies and the criteria used by An Garda Síochána in recording the incidents referred to and I will contact the Deputy directly when the report is to hand.   As the Deputy will be aware, the Central Statistics...

Written Answers — Department of Justice and Equality: Crime Data (7 Feb 2018)

Charles Flanagan: As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics. The Deputy will be aware that the CSO has not yet published crime statistics for 2017 as there is an process ongoing to review Garda homicide statistics.  However, I am advised that the CSO...

Written Answers — Department of Justice and Equality: Crime Data (7 Feb 2018)

Charles Flanagan: As the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics. The Deputy will be aware that the CSO has not yet published crime statistics for 2017 as there is an process ongoing to review Garda homicide statistics.  However, I am advised that the CSO...

Written Answers — Department of Justice and Equality: Prison Building Programme (7 Feb 2018)

Charles Flanagan: In January 2015, the then Secretary General of my Department established a Working Group to examine options for the future use of the Thornton Hall site. The group comprises officials from my Department, the Office of Public Works and the Irish Prison Service. It is tasked with reviewing potential options for the lands and house at Thornton and to make recommendations on how best...

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