Seanad debates

Tuesday, 3 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

12:30 pm

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

It is extraordinary that the Minister has said he has not yet seen the report, yet he appears to know what is in it. He is going to be seeking Government clearance to publish it at the earliest opportunity. We are in the middle of Committee Stage in the Seanad, dealing with amendments that are directly pertinent to the critiques in the report, apparently. Some of us have seen what are purported to be bits of the report. Bits have been published in the newspapers but it is utterly unsatisfactory to hear that the Minister has not seen it and that we are expected to legislate in the dark without sight of it and without knowing who has seen it.

I agree with the Senators that we need to know exactly who has seen it and whether anyone who has been drafting the Government amendments has seen it. We must be reassured that there is some good legislative practice going on. There simply does not appear to be good legislative practice. We all know a report by GRECO is available somewhere and that it contains criticisms directly relevant to the current state of the Bill, as the Government has proposed it in the Seanad. Despite this, we are not allowed to see it in the Seanad Chamber. It appears Government members have not seen it either. It is to be published at the earliest opportunity. When will that be? Will it be 18 July, when we have all risen and when the Bill has been rammed through with a guillotine after late-night debates? It is not good law-making.

I believe this was supposed to be about better law-making practice, using the Business Committee in the Dáil and the new politics in the Seanad and the Dáil. I believed we should be legislating in a more collegiate manner. Many of us do want to see reform of the judicial appointments process and we are anxious to see it done in a constructive, efficient and competent manner. It really does not seem to be indicative of good legislative practice, however, to be legislating in the knowledge that there is a report somewhere that we are not allowed to see but which nevertheless contains points that are so relevant to our determination on these amendments.

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