Seanad debates

Wednesday, 4 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I am on amendments Nos. 3, 4 and 5. The GRECO report has a degree of relevance, particularly with regard to amendment No. 4, which refers to the role of the chairman and to the chairman being a lay person. GRECO has expressed specific views on this.

The Government has suggested there was in-depth consultation with the Judiciary. The Judiciary has taken the extraordinary step of putting out a statement that this is not true, and that it is incorrect and a mistake.

With regard to the question of GRECO, the Dáil spent ten hours last Tuesday, Wednesday and Thursday debating the Bill and there was not a single reference to the GRECO report. I believe the Seanad is making up for that deficiency. GRECO stated it has significant concerns about the composition of the commission as proposed in the Bill. It would place judges in a clear minority position in favour of strong lay representation, including the chairperson. This is not in line with European standards. GRECO's position, as clearly expressed in the evaluation report, is that the composition of the judicial appointments board, consisting of a majority of judges and chaired by the Chief Justice, was considered suitable for the selection procedure. Here is something from GRECO that is directly applicable to amendment No. 4.

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