Results 13,741-13,760 of 21,096 for speaker:Charles Flanagan

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I am quite satisfied as a member of Government that both my Government colleagues and I acted fully and strictly in accordance with the law.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: No, having regard to the fact that Government acted entirely in accordance with the law in the manner in which this appointment was considered. The consideration by the Houses of the commission Bill was agreed in the programme for Government and the Bill is going through the House as we speak. I do not wish to pre-empt any debate in the committee or in the House. As Minister, I had the...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: At the outset the Deputy said he felt I would not comment on the suitability of the candidate. That is not the case. I am going to comment on the suitability of the candidate. As far as I am concerned, the Attorney General was an entirely suitable candidate. I refer the Deputy to section 4 of the Courts (Supplemental Provisions) Act of 1961, as amended by the 1995 Act, which deals with...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I would not agree.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: It was not the old system. It was the current system, and the system that still obtains. My understanding is that there was some public comment on the matter of considerable pressures being brought to bear on the court by way of a number of vacancies not being filled. Although I was not party to any such discussions, I understand that certainly in the public arena a certain anxiety was...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I understand there were some developments since last October that pointed to a need to fill some vacancies, and Government acted accordingly to ensure that those vacancies were filled.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I know there were a number of retirements.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I would point particularly, and going back to the Chairman's point about the particular circumstances, to an event on 23 March when a vacancy arose in the Court of Appeal following the retirement of Mr. Justice Garrett Sheehan. That was the issue around which the subsequent debate took place.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: That is an issue that was raised by Deputy O'Callaghan earlier. I referred at that stage to there being one such appointment. That is the case.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: When the Deputy talks about it being, to use her words, unusual, I have to point to section 18 of the 1995 Act to which I made reference earlier. I again refer to the current constitutional prerogative wherein Government makes these decisions in accordance with the law.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: No, I point to the positions of many Attorneys General over a long period and the suitability, eligibility and subsequent appointment of Attorneys General to serve as a member of the Judiciary going back to 1953.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: In my time in office, there has been one such appointment.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: While this point is not directed to Deputy Daly, I also referred to this matter in the context of the questions asked in plenary session of the House last week. Under the 1995 Act, the proceedings at the Judicial Appointments Advisory Board are confidential. This is provided for in the Act and I am not in a position to provide Deputy Daly with the detail of what transpired or was undertaken...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I can state that both scenarios are correct. I do not have any knowledge of the proceedings precisely because the law does not allow such knowledge to be imparted to me.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: In all sincerity, it would be unfair and unwise of me to speculate as to what took place at a meeting of the Judicial Appointments Advisory Board. I have no intention of entering into such speculation.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: The normal circumstances occurred in so far as a memorandum was brought to Government by the Minister for Justice and Equality, as has been the case previously. The Government is entitled to nominate a person of its choosing provided two conditions are met, namely, that the person is eligible and available in accordance with the law and that the person is qualified. The matter was given...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: Lest there be any doubt, when I referred to normal circumstances, I was speaking about the manner in which appointments are brought to Cabinet. As Minister for Foreign Affairs and Trade, I do not have any knowledge of any issues that may or may not have been discussed between 16 May, when the Judicial Appointments Advisory Board wrote to the Tánaiste noting that the board had decided...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: Given that I do not have the facts within my own knowledge, nor would I expect to have them within my own knowledge, I very much regret that I am not in a position to state what did or did not happen between the dates mentioned by the Deputy. However, in fairness to the Tánaiste and Minister for Justice and Equality I can point to an answer she gave in the House when she was asked if...

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: No, it certainly is not. It would be a misrepresentation of my position for any Deputy to draw that conclusion and I ask that Deputy Clare Daly would not. With regard to the earlier question, I have been informed that one Circuit Court judge was appointed to the Court of Appeal in 2014.

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I am not going to speculate on opinion or otherwise and in accordance with the law nor am I in a position to make any comment around any issue that may or may not have been discussed at Cabinet or the manner of this discussion.