Seanad debates

Wednesday, 20 June 2018

Judicial Appointments Commission Bill 2017: Second Stage

 

10:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I also welcome the Minister, Deputy Flanagan, back to the House. He is a regular visitor at this stage. I will begin on a positive note. It is commendable that Senator McDowell will not oppose this Bill on Second Stage. People putting forward Bills often call for Bills to go to Committee Stage, and ask others that they not oppose Bills on Second Stage but allow the debate to continue. Senator McDowell's leadership on this should be followed by all Members and allow this Bill to go to Committee Stage and beyond.

I also commend Senator McDowell on identifying what he considers the positive elements of the Bill. It is great when someone can say that there are parts of the Bill that they agree with and support and other parts he or she does not. While this Bill has had to tread a rocky path through the political process, that is true of many other Bills. The idea when a Bill goes through Parliament is that it should change and improve and that it should be enhanced, developed and made better. The idea of a parliament is that Bills can be improved. The reason the Seanad was established originally was to bring in people with specialisms in different areas and to allow them to contribute to and enhance legislation. I sincerely hope that this would happen in the case of this important Bill.

I also agree with the sentiments expressed today that to date, the Judiciary has done an exemplary job. We are probably one country that can say, hand on heart, our Judiciary does a superb job and is in no way interfered with in any shape or form. The calibre of people who have been appointed to Irish courts is beyond reproach and is something of which Ireland can be proud. However, just because a system is working well does not mean it should not be improved or that there should not be more accountability. It does not mean that they should not be made answerable or questioned about their suitability to do a job. We had a referendum on whether the Government should be allowed to reduce judges' pay in times of austerity. I recall that the vast majority of judges opposed that legislation but the people took a different view. Judges are not always right. There should be some system of tracking and supervising the manner in which they do their business.

There can be improvements in training and upskilling for judges to develop their skills base. That is welcome. The lay majority of the commission has been discussed and there will be plenty of opportunity on Committee Stage to debate such specific aspects of the Bill. I acknowledge Senator McDowell again in saying that the Bill contains good elements and that a judicial appointments Bill is not a bad thing. Certain elements in politics and the media have portrayed the idea of a judicial appointments Bill as a bad thing. I contend it is not and we should always wish to make our system better. It might be good but it can always be improved.

I look forward to engaging on this Bill on Committee Stage. I do not believe for a moment that a tail is wagging the governmental dog.

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