Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

One of the issues that requires rectification is numerical. Intentionally or otherwise, Fianna Fáil and Labour voted against a proposal to extend the membership of the commission to 17 members, and then voted for a proposal that added another three to it. Much was made of this. However, it can be rectified without undue difficulty. We support retaining a lay majority. We will support amendments that are required to maintain that, and to give a place to the Presidents of the District Court and Circuit Court. We do not agree that the Attorney General should be on the commission and we have made that abundantly clear. We intend to table an amendment to deal with the diversity principle which we believe the commission should aim for. We will also seek to preserve the requirement for the commission to re-advertise if it is not successful in finding an appointment, rather than the Government doing so itself.

There are concerns regarding the Attorney General's membership of any future commission. It would be unfair in that he or she would have a vote at the commission and at the Cabinet table, which contravenes the essence of this Bill and what it aims to achieve. Our greatest divergence with the Government relates to section 44. The approach of allowing a subgroup to take responsibility for the appointments of the Chief Justice, President of the Court of Appeal and President of the High Court is inconsistent. Perhaps a different process to deal will these appointments is required, particularly since those positions to be filled are members of the commission. However, there must be much wider consideration, rather than a scenario where the Chief Justice, the Attorney General and the chair would make the recommendation. This is far too closed and is contrary to the philosophy behind this Bill. The commission as a whole, or some variation on that, with certain members absenting themselves, should make the recommendation. If the Minister is determined to have a two-stage process prior to reaching the Government, perhaps a sub-committee could consider expressions of interest before giving a number of recommendations to the commission as a whole, with certain members absenting themselves if they have expressed interest. However, the greatest consideration should be given by the commission itself. As other Members said, we are happy to see this Bill pass to Committee Stage and will address the amendments tabled on a case-by-case and sincere basis.