Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senators for their sharing their views on this important legislation. We all acknowledge the independent role the Judiciary has played as a fundamental pillar of our democratic structures since the foundation of the State, acting at all times independent of the Executive and Legislature. Its members have always acted in a way that has been separate, irrespective of the background from which they came or their previous careers.In that regard, I do not share the views of commentators on the Bill who have indicated it is an answer to some form of cronyism or bad practice and that it is the result of a need to check our Judiciary in some way. I very much acknowledge what Senators have said in that regard. I very much agree that we have been very well served over the years by an independent, impartial Judiciary.

I acknowledge that the Bill has had its ups and downs over the past while, in the Dáil and in wider public commentary, as was said at the start of the debate by Senator Lorraine Clifford-Lee. It has been the subject of lengthy discussion but also of vigorous and robust discussion. It has proved a challenge to bring the Bill to where it is now. It has been the source of some controversy. As has been pointed out and as has been obvious to everyone, it has been heavily amended. It is now quite different from its original state in many respects. In this regard, I want to refer to point made by Senator Martin Conway, who said the essence of parliamentary discourse is debate. I welcome those Senators who have expressed doubts about certain parts, aspects and sections of the Bill. I acknowledge the positive contribution made by all those Senators who said they will allow for the passage of the Bill on Second Stage with a view to determining afterwards, by way of line-by-line scrutiny, how best to deal with it with a view to improving it. In that regard, I acknowledge that this is far from the finished article. It is in need of further adjustment, not least through a series of amendments on which the Ceann Comhairle gave a procedure-related ruling in the Lower House following the defeat of an amendment consequent to an important amendment that provided for the inclusion on the commission of the presidents of the two lower courts and the Attorney General.

I acknowledge what was said by almost every Senator, or group leader in particular, namely, that he or she will be tabling amendments. I welcome that but I must point out that there are 15 amendments all stemming from the expansion of the commission membership in section 10 that I need to table for Committee Stage to ensure that the Bill is clear, consistent and workable. It very much needs to be workable. These are essentially drafting amendments but they will nevertheless amount to changes of a pretty important nature.

Two of the 15 amendments will amend section 10, which specifies the membership make-up. Two will amend section 11, relating to terms and conditions of membership of the two lower court presidents and the Attorney General and their terms of office. There will be consequential drafting adjustments to section 12 and to sections 16, 17 and 18, relating to a member ceasing to hold office, and to section 19, relating to a member being ineligible to hold office, and section 20, on the removal of a member of the commission.

Section 44 will be extended to provide for the recusal from the selection and recommendation process of additional members of the commission where they have applied for appointment to judicial office and for their replacement in such event by the most senior judge of the relevant courts or by a different nominee of the legal profession, as will arise from time to time. In addition, I will be tabling some drafting amendments to tidy up certain cross-references in the Bill. For example, there will be drafting amendments to sections 12 and 43 to ensure the text is clear and relevant.

How much time have I left?