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

A Trinity lecturer perhaps could have done it but I do not know. I am making the point that if there is going to be an 80-day trial - it is a point for another day's debate on another Bill - and if we are going to have balanced juries, will we end up paying or compensating jurors for loss incurred in carrying out their function? At the moment we have a cheap way out where people who would be badly economically affected can effectively excuse themselves from jury service because the judges are reasonable and do not want to ruin anybody financially.

I want a clear picture from the Minister of how he sees this body operating and what commitment he thinks is involved.

The last point I want to make is in response to Senator Higgins's point. Whatever criteria apply to behaviour and impartiality must apply equally to judge members, lawyer members, Irish Human Rights and Equality Commission members and laypersons. It must be the same standard. We cannot say to a Bar Council or Law Society nominee that he or she could be pursuing a Bar Council or Law Society agenda on the commission with regard to a particular matter.

Senator Bacik's amendment concerns the independence from bodies such as the Bar Council and the Law Society. In addition, if IBEC, for example, had a nominee, it should not be allowed to influence the outcome of the proceedings. They are hugely important points. Senator Bacik's amendment is hugely important. At some stage before we create an institution we are entitled to ask ourselves roughly how it will work and roughly what it will require of the people who get involved in it in terms of their time, commitment and remuneration. Then we must ask ourselves what kinds of people are likely to put their hands up and say they want the job.

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