Seanad debates

Wednesday, 4 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I move amendment No. 6:

In page 9, between lines 24 and 25, to insert the following:“7. Nothing in this Act shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge.”.

This amendment echoes something the Minister said the other day in the course of the discussion we had on the GRECO report. The Minister said that it should be understood that this Bill does not change the fundamental architecture whereby under our Constitution it is the Government and the Government alone that makes its decision on whom to recommend to the President for appointment to the Judiciary. It is very important that remarks attributed to a Minister, whom I shall not name, but whom I incorrectly described yesterday as a plaintiff when in fact he was not a plaintiff to the proceedings to which I referred yesterday - I just want to correct the record-----

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