Seanad debates

Wednesday, 20 June 2018

Judicial Appointments Commission Bill 2017: Second Stage

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

That statement very much speaks for itself. I also point to what Senator Ó Donnghaile said in the course of his contribution. He put the Government on notice of a number of amendments that he will table, many of which will be controversial and some of which will be uncomfortable for Government. In the spirit of Senators Conway and Boyhan, let us agree to collaborate as much as we can and get the best from this legislation, which must be constitutionally sound, legally robust and practically workable. I believe we can do that.

The Bill, as originally drafted, involved a rather lengthy process involving groups, subgroups and committees, which has been removed. I believe that has resulted in a better Bill, the quid pro quo being that fewer committees and subgroups lead to a larger commission. That is why we must deal with the very glaring inconsistency, which formed the basis of the contribution made by Senator Norris, by having an enlarged commission with a lay majority and by ensuring there are no contradictions in the Bill. We can work towards that without having to throw out the entirety of the Bill, which unfortunately is the disposition of Senator Norris.

We will be in a position to move forward to Committee Stage. I have an open mind on many of the amendments coming forward but I ask that serious consideration be given by Senators to my Government amendments on the basis that they seek to ensure we have a Bill that is not in conflict with the Constitution. Senator McDowell is correct that there are certain aspects to this legislation which might conflict with it, one of which he referred to when he said he would call for the President to refer the Bill to the Supreme Court. It is important that we would, on Committee Stage, do what is required of us, which is to ensure that the Bill is constitutionally sound before it leaves us on its journey to Áras an Uachtaráin and does not require the type of referral that Senator McDowell has suggested. The point made by the Senator was valid.

I thank Senators for their positive contributions. I have outlined the amendments I will bring on Committee Stage. I am open to persuasion in terms of further improvements that might be made. I do not believe we should scrap the Bill. We should work on it. I detect a majority in the House who are in favour of some form of amended legislation along the lines of what is proposed in this Bill and I welcome that. I believe we can make further improvements to the Bill by working together. We have made significant progress, judging from the intimations of the party leaders, group leaders and individual Senators. We have benefitted from the Second Stage debate this afternoon. I thank Members for their contributions and their co-operation and I look forward to further debate. In fairness to everybody, we need to reflect where we are now, at the end of the Second Stage debate, before coming back with what I expect to be a considerable number of amendments. I will circulate the amendments I am proposing as soon as possible for the consideration of the Senators and I look forward to receiving the amendments proposed by each group. My officials are available, as am I, to answer any queries, questions or clarifications that might be required in the context of the preparation of amendments. It is my intention that we will complete this legislation by the summer recess. I hope that is possible but I am not going to hamstring Senators in any way. I want open debate and positive contributions and I want to deal with the issues. I hope that we can complete the legislation in the timeframe set down by the Seanad for its work to be completed, perhaps towards the end of July. I am available to discuss the Bill and I hope that we can conclude matters in a positive and constructive manner.

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