Lorraine Clifford Lee (Fianna Fail) | Oireachtas source

I wish to speak on section 10. I reiterate my disappointment and that of Fianna Fáil that this Bill is proceeding in its current format. Much has been said already today about the GRECO report but I want to add my voice. I want to refer, in particular, to paragraphs 35 and 36 of the report. Some of the Members do not have it in front of them so I will read the paragraphs. Paragraph 35 states:

GRECOhas significant concerns about the composition of an appointments commission as proposed in the Judicial Appointments Bill (as amended on 31 May 2018), which would place judges in a clear minority position in favour of a strong lay representation (including the chairperson), accountable to Parliament. GRECO questions if this move is in line with 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 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 (para. 132), that the composition of the JAAB (consisting of a majority of judges and chaired by the Chief Justice) was considered suitable for the selection procedure.

That remains the position. We have debated this. The Leader stated that the main concerns of GRECO have now been rectified by the Government amendments but this has not been rectified. This is very clear and very damning. GRECO's significant concerns are really concerning to me. GRECO's preferred position is to have the Judicial Appointments Advisory Board consisting of a majority of judges, with the chairperson being the Chief Justice, yet the Government is doing something in clear opposition to that. I know the Minister's heart is not in this legislation. I know plenty of people in the Minister's-----