Seanad debates

Tuesday, 3 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage

 

12:30 pm

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I wish to speak on amendment No. 5, the Labour Party's amendment in the grouping. It is a more technical amendment, simply offering a definition of a person who is employed in the service of the State. It specifies that a person is employed in the service of the State if he or she is a member of the Garda or the Defence Forces, or a civil servant.

I support Senator Ruane's amendment No. 3. On Second Stage I made reference to the need to ensure diversity. Clear respect for diversity is stated in the Bill as part of the reform of the judicial appointments process. I also support amendment No. 4 in the name of Senator McDowell which he has not yet had the chance to move. I will come back to it.

In a more general sense, I am disappointed that the House did not accede to the amendment I moved to the Order of Business earlier, to defer the consideration of Committee Stage of this Bill today because we have not yet had sight of a published report by the Council of Europe's Group of States against Corruption, GRECO. We know from the leaked excerpts of the report that it is highly critical of various provisions of this Bill. GRECO has expressed serious concerns about the composition of the commission envisaged in the Bill. As far as we are concerned, every provision of this Bill should be scrutinised in light of the GRECO report but we cannot do that until we have sight of it.

As I said on Second Stage, and earlier today on the Order of Business, we are legislating in the dark. We finally had sight of the Minister's amendments, but very late in the day. There are 111 amendments, of which my Labour Party colleagues and I have tabled 20. Others have tabled some also. There is a significant number of Government amendments. We are seeing them without knowing whether the Government has drafted them in response to the GRECO critique or whether there are further amendments to come that will address the concerns raised in the critique, particularly that on the composition of the appointments commission. Therefore, it is somewhat problematic to be in the process of proposing any amendments, even the technical one I am proposing, amendment No. 5, without knowing the ultimate shape of the Bill as envisaged by the Government or what it is proposing to be the shape of the Bill.

Many Members spoke earlier about the unseemly haste with which the Bill is being rushed through, with late-night sittings proposed for tonight and tomorrow night, and with Report Stage to be taken in less than a week. This is not a satisfactory way to legislate. It is most unfortunate given that there is good will in this House generally towards the principle of judicial appointments reform. I said in my Second Stage speech that I want to be constructive. I am approaching this Bill in that spirit. That is why we are putting forward amendments such as amendment No. 5. We will also be tabling more substantive amendments and supporting the more substantive amendments being tabled by colleagues.

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