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 will indicate very briefly where I stand on these amendments. On amendment No. 8, I prefer the present wording of section 7 to the proposed wording of the new section. I do not believe that the juxtaposing of the merit principle and the diversity principle will assist at all. It would create confusion. Senator Ó Donnghaile's proposed section 7(1) would seriously dilute the idea of being selected on merit.It would be of sufficient merit to discharge with distinction the responsibilities of the office to which the person is appointed. It does not suggest the best person will get the job. There is a kind of a threshold of merit, after which it becomes a diversity principle, so I am not in favour of that.

I have decided amendment No. 9, which is related to amendment No. 12, should not be moved. I will adhere to amendment No. 10 to remove the word "based" and put in "solely". I do not agree with amendment No. 11, which is Senator Ruane's amendment. The qualification is necessary in all the circumstances.

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