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Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I will deal with the issues raised in particular by Deputies Chambers and O'Callaghan. I acknowledge what Deputy O'Callaghan said in his concluding comments. I reiterate that the procedures committee has a very important role not only in section 58 as mentioned by Deputy O'Callaghan, but also under section 55, which is important as far as the preparation of statements setting out the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I agree that there are a lot of amendments here. In fact, there are more than 50 in the grouping. In response to Deputy O'Callaghan and for the benefit of members who have not yet made a contribution on their amendments, I will set out briefly and clearly the structure of these sections of the Bill and their purpose. Section 9 of the Bill establishes the relevant committees. Section 10 is...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: Listening to the Deputies, I am not satisfied that we have found a way to deal with the concerns of those who are submitting the amendments. Simply deleting reference to the relevant committees is not in itself advisable. I do not accept that this is unduly cumbersome. I do accept that there are a number of committees that have different functions, and which might, at face value, appear to...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I am satisfied there is an intent on the part of the committee to deal with this issue by coming to a consensus on it. I am certainly prepared to consider the matter further for Report Stage, on the basis there may well be a number of options available to us to achieve what, in effect, is the same objective, which is the balance between having a commission with a number of people, or...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I have listened to the views of committee members. We have had an interesting exchange on these amendments, the import of which is the change proposed to the relevant committee structure. I reiterate a huge amount of work has been undertaken on this precise issue in terms of active engagement on the part of the Department, the Office of the Attorney General and the Office of the...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I will make a point that may be of assistance to members. In practice, the process will be quite straightforward. Deputy O'Callaghan and other Deputies mentioned, for example, the appointment to a vacancy in the District Court under the new framework. This court is perhaps most relevant to the day-to-day lives of individuals. Hundreds of thousands of people appear annually in District...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I give the committee notice that I may have an amendment to section 4 on Report Stage that will address a technical matter concerning advances of funds to the commission. If I proceed with an amendment, it will be circulated in advance at the appropriate stage.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I acknowledge Deputy Ó Laoghaire's amendments Nos. 13 and 14. I will briefly make reference to section 5, which concerns the review of operation. As we know, the Bill is new, innovative and ground-breaking in the extensive changes it introduces in the process of judicial appointments. We are moving to make an important step forward. This is a very innovative adjustment to the manner...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: The sixth group of amendments relates to the merit issue in relation to the selection procedures for judges, as has been referred to by the proposers of a number of amendments. Amendment No. 16, a new section 7, would have the effect of replicating the fabric of section 7, as provided. That, to my mind, is a positive. Section 7 of the Bill is an important section setting down in statute...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I am conscious of the fact.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: That is why I indicated that I might pause. I make the point that these are important issues.

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I thank the Chairman. I will be brief. I am not inclined to accept amendments Nos. 19 and 20 in the context of the Bill before us. Making the amendments would mean that, subject to the existing fundamental requirement in section 7 that merit is the basis for any decision to recommend a person for appointment to judicial office, regard would also have to be had to an additional new and...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I neglected to address amendment No. 124 in the names of Deputies O'Callaghan and Jack Chambers, so I will briefly refer to it and then come back to the more general issues as raised again by Deputy Clare Daly. Amendment No. 124 proposes to insert into section 38 a requirement that the commission ascertain which candidates for judicial office demonstrate specified qualities and...

Select Committee on Justice and Equality: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (17 Jan 2018)

Charles Flanagan: I would make one point in response to Deputy Daly. We can come back to this because it is important. On the matter of diversity, it is easy-reach targets. There are areas which have been referred to where there will be a difficulty in setting particular targets but there is no doubt that there is a compelling constitutional rationale and objective to have diversity in the Judiciary. This...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: As this is the first meeting I have had the pleasure to attend in 2018, I acknowledge the work of the committee over the past 12 months and I wish everybody a happy and productive new year. That said, I am pleased to be here before the committee today to present the Government's proposal that the State opts into the EU recast Reception Conditions Directive under the terms of Protocol 21,...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: I want to acknowledge the support of Deputy Daly. In respect of the questions raised, the position of nine months was a decision that Government took having regard to the situation across Europe. The Deputy mentioned a number of countries that have a different timescale. We were conscious here of the situation in our nearest neighbour in Britain. I refer in particular to Brexit and having...

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: As soon as we opt in, there will be no fee. We will be waiving the work permit fee.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: It has not been decided yet. There is a review under way which will be completed by April. I will be happy to let Deputy Daly know by way of correspondence should any decision be taken on that.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: The overall timeframe for the opt-in will be a period of four months from the date upon which the Oireachtas makes the decision. I understand that is a fairly rigorous timeframe, so we will be working intensively with the European Commission.

Joint Oireachtas Committee on Justice, Defence and Equality: EU Directives: Minister for Justice and Equality (17 Jan 2018)

Charles Flanagan: That is not going to happen in the immediate future.

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