Charles Flanagan (Laois, Fine Gael) | Oireachtas source

They were critical of the Bill, both in their view that there had not been adequate consultation and, of course, their consistent opposition to the composition of the new commission. Why not? I accept that the judges may have wanted to continue with the JAAB process and not favour the type of reform in which we have a duty and obligation to engage. I very much welcome that the judges made their views known. Shortly after my appointment, I made it my business to meet a number of judges, including all the presidents, to discuss aspects of the Bill. We did not find agreement. I did not expect to find agreement with lawyers and judges having regard to the separation of powers, and their interests and priorities being in some way different from mine.

I welcome that the judges engaged with GRECO. GRECO itself welcomed the interaction with the Judiciary. In the draft compliance report, the body expressed significant concerns over the proposed composition of the new commission, in particular that a minority of judges and a strong lay representation is not in line with European standards. I am not sure there is any big surprise there. European standards are not something we have been prioritising in our courts, the administration of justice and the scheme of arrangement for precisely the reasons Senator McDowell outlined earlier. It is because of our common law jurisdiction, because we are different and because we diverge in the manner in which we administer justice.

However, since then I was pleased to propose and get the approval of the Dáil for a number of judges to serve on the commission. It is important that the Chief Justice, the president of the High Court and the president of the Court of Appeal have a role. It is important that we do not leave out the president of the Circuit Court and the president of the District Court in which 95% of the court business in the State is transacted on a daily basis. In the Bill, as drafted, it was not considered desirable to have sufficient places for all the court presidents; I believe it is. I ask for the continued support of the Seanad in that regard.

It was made clear to GRECO that Ireland respectfully disagrees with the suggestion in the report that Ireland is doing something that is less than desirable. GRECO has made a number of recommendations over the years. As I said last night, the appointment of judges under our law is based on the constitutional mandate and we will not change that to be in line with any other European state, particularly having regard to a point Senator Bacik raised earlier about one and perhaps other European states and the manner in which they operate by means of their judiciary. I make no apologies for ensuring that we maintain our constitutional mandate. It was never suggested in the context of this Bill that we would go as far as changing that by way of constitutional referendum. Senator McDowell is correct in that regard.

I refer to some of the other points raised regarding, in particular the composition of the commission and what the non-legal people will be doing - what the garage men will be doing, as mentioned by Senator McDowell.