Seanad debates

Tuesday, 3 July 2018

12:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I, too, wish to mention the GRECO report, without trespassing on the debate on the Judicial Appointments Commission Bill. This is a Council of Europe report and one version of it has been considered. The Government's proposals have changed somewhat since the first report was published so now we have a second set of circumstances. It is my understanding that the Government has received a second report from the GRECO committee. That report must take account of what has happened to the proposed legislation in the meantime. We are expected to believe that this report will be discussed by the Council of Europe in the near future but that we should not see it at this point even though it is of significant relevance to the proposed business of the House. If the report has been received in its amended state by the Government, as I believe it has been, and if it has been available to the Government for consideration and the Government has sat on it, so to speak, and not yet issued its comments to the Council of Europe so that the publication of the report and its response should be delayed, that is a serious state of affairs.

We are here to consider the legislation that has been put before us on this serious issue. Under the European Convention and the Council of Europe arrangements, we are a democracy that has agreed to comply with international standards. There is, on the face of it, a report that is deeply critical of what the Government is proposing to do. It might be less critical or more critical since the amendments were made but we do not know. However, we are told by the newspapers that it remains deeply critical of what the Government is proposing to do. The issue is that there is no reason that we should not be acquainted with the terms of this report before we consider what amendments have to be made.

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