Seanad debates

Monday, 9 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:00 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

He can have great expectations as much as he likes. I was discussing this matter with Senator McDowell and he referred to the Charles Dickens case of Jarndyce v.Jarndyce, which is an apposite comment.

The report further states:

GRECO questions if this move is in line with the European standards which in situations where final judicial appointments are taken by the executive, calls for an independent authority drawn in substantial part from the judiciary [this is the important point] to be authorised to make recommendations or opinions prior to such appointments. GRECO also recalls its own position, as clearly expressed in the Evaluation Report ... that the composition of the JAAB (consisting of a majority of judges and chaired by the Chief Justice) was considered suitable for the selection [process].

That is its informed view and it is the senior anti-corruption body of the Council of Europe.

Paragraph 36 of the report reads:

GRECO takes the view that the Judicial Appointments Bill as far as the composition of the appointments commission is concerned needs to reflect European standards, aiming at securing judicial independent through substantial judicial representation in relation to the overall composition of the proposed commission. The controversial Bill, which has been subject to some amendments in this respect, is still under debate in Parliament, subject to critical media attention, and has been heavily criticised by the judiciary on grounds GRECO assesses to be reasonable. GRECO urges the authorities to re-consider this matter in order to limit potential risks of improper influence from the executive/political power over the appointment process to the judiciary, or any perception thereof, and to do so in close co-operation with the judicial authorities.

That is extremely important because it goes to the nub of the issue. The Bill is supposed to address the limiting of potential risks of improper influence from the Executive or political power and yet GRECO states it is opening up the possibility of political or Executive influence.

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