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 have always been liberal. The idea that people would put themselves forward as the kind of guy who would be on the Government's side when the court cases come to be decided would be very wrong.

I am jealous of Senator Bacik for her industry and prescience in coming forward with this provision. It defines the scope of the judicial appointments commission. It warns off the activists from saying that the role of Government will be usurped and the Judiciary will be shaped philosophically or ideologically in the future. It tells them to do what it says on the can, which is to assess people on their merit for appointment.Merit does not mean how the commission will decide cases in the future on the basis of a particular set of beliefs. I strongly support Senator Bacik's proposal, which would add hugely to this Bill. From what I hear, it would chime completely with what GRECO is saying about this legislation in its current form. The principles in this amendment should be accepted and put into law in order to ensure that those who apply to be members of the judicial appointments commission, and those who apply to it for recommendation, understand that it is not the function of the commission to usurp the function of Government.

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