Seanad debates

Monday, 9 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:00 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Either we are to take it that the claim that the Cabinet was appointing its friends to judicial office was made by the Minister, Deputy Ross, or we are not, but it was a quote given to a respected journalist. I would prefer to accept the word of the respected journalist than any denial, which never came, by the way, from the Minister, Deputy Ross. It is a very serious matter that someone in his position, who is part of a Cabinet that has to meet and act collectively under the Constitution, is making a charge of misbehaviour against his fellow Ministers and doing so in support of his desire that there should be a majority, as provided for in section 10, of lay people rather than a mixed group of judges, laity and practitioners, which was the most obvious model that we could have expected.

In addition to claiming that the Government was appointing its friends, I find it offensive that the Minister, Deputy Ross, threw in the proposition that the present procedure was a "rotten system". I suggest that that is not only an exaggeration, but an untruth in the circumstances.

On 21 March, Ms Sarah Bardon, another The Irish Timesreporter of some experience and quality, wrote an article in the same newspaper where she quoted the Minister, Deputy Ross.He is reported as saying that he would not facilitate any more judicial appointments under the rotten system and that he expected to see this Bill in the Dáil next week or else - he warned - there would be serious consequences. The Minister, Deputy Flanagan, can come into this House and say there was no veto or no go-slow and the like, but either the Minister for Transport, Tourism and Sport, Deputy Ross, is engaging in transports of untruth or alternatively he has been attempting to wield this veto and to demand that there should be no further appointments.

On 25 April Ms Bardon reported:

It is understood Mr. Ross and Mr. McGrath said this was the last appointment the Alliance would sanction. Moreover,-----

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