Seanad debates

Wednesday, 20 June 2018

Judicial Appointments Commission Bill 2017: Second Stage

 

10:30 am

Photo of Jerry ButtimerJerry Buttimer (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire go dtí an Teach. In welcoming the Minister, Deputy Flanagan, I reject Senator Bacik's assertion there is a grubby deal. It is anything but. Her own party was very happy to do a deal with Sinn Féin to get votes for the Seanad election on more than one occasion. To borrow a phrase - we are where we are. I am not quite sure if it is a plate of caviar, a dog's dinner or whether we are on the road to lobster. What we know is there is a need to be transparent and to end the perception of cronyism and patronage around the appointment of judges. We need to ensure there is a high level of transparency in the matter of appointments.

The fundamental point I will begin with is I would much prefer, as a lay person with no vested interest other than the pursuit of truth and the upholding of the law, that we would cut the cost of legal fees in the country and allow for improved access to information about how the courts are operating, as Stephen Collins said in his The Irish Timesarticle. We have seen the establishment of the JAAB and a conversation centred on the appointment of judges. We have heard commentary and opinion from vested interests, including barristers, senior counsel, judges and solicitors. That is to be welcomed in a debate that has varying viewpoints regarding the Bill.

I welcome the fact the Minister is bringing the Judicial Appointments Commission Bill before us. I fully respect the views of all Members who have a different viewpoint about what the Government is bringing forward. We live in a democracy. Let us come to this debate and begin by saying we have been very well served by our Judiciary. We should always maintain the independence of the different branches. It must be at the core of what we do in a republic. I am mindful of the excellent contribution of Senator McDowell who spoke about the American system and the conservative versus liberal issue and the appointment of supreme court justices. Look what happened to President Obama. For a whole calendar year he could not get his Supreme Court appointment over the line. He could not even get it to the table.

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