Victor Boyhan (Independent) | Oireachtas source

I want to raise three issues concerning the appointment of judges, the Adoption Bill, and local government legislation. In The Irish Timestoday, and in other media, we see copies of correspondence and reports on the Government's plans for appointments to the Judiciary. Some points need to be made about this important matter. Senators will be aware that this House passed a motion and the Tánaiste and Minister for Justice and Equality gave an undertaking on the establishment of a judicial council, but that seems to have been lost in all of this debate. We do not know what the Tánaiste plans to do in that regard.

I am conscious of the separation of powers between the Executive and the Judiciary, which is important for us all to bear in mind. The Judiciary has served this country with absolute distinction. Articles 34 to 37, inclusive, of our Constitution, which we all value, clearly regulate how the process of courts and judicial appointments is operated. The President appoints judges on the advice of the Government. In practice, the decision to appoint judges is ultimately one made by the Minister for Justice and Equality. Although there is cause for concern, I accept it is not the Minister's intention to cause offence or disrespect to the Judiciary. However, that is what is being picked up and it is the message that is coming across strongly in all reports on these matters. To suggest that the Chief Justice could not be the chair of an appointments commission for the Judiciary is stepping over the line. It is an absolute attack on our Constitution which we have a role to defend. The matter needs to be examined.

I ask that the Tánaiste and Minister for Justice and Equality attend this House to explain the rationale and where her proposals currently stand. More importantly, she should discuss the proposal for a judicial council. The Chief Justice has repeatedly made a strong and cogent case to have such a council established. We need to have further discussion on that matter.

As regards the two other issues, it is my understanding, and I would like the Leader to clarify this, that the Minister for Housing, Planning, Community and Local Government is to attend this House on 8 February and make statements on a number of matters related to local government and councils.I ask the Leader to clarify if that is the case, as I have had it confirmed by another source.

Will the Leader indicate when the next Stage of the Adoption (Amendment) Bill will be taken? The Minister for Children and Youth Affairs, Deputy Katherine Zappone, came to the House the other day for a good conversation and engagement on Second Stage when every speaker made a meaningful contribution.