Seanad debates

Monday, 9 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:00 pm

Photo of Mark DalyMark Daly (Fianna Fail) | Oireachtas source

The opportunity for amendment in this regard might arise in the other House. They might look at this again and take a step back. Those who will be considered obviously will be legally qualified. We should also consider any other training they would require to be in the position of handing down sentences and understanding their impact. Asking for victim impact assessments, as judges often do, is not the same as having the training they would require to be eligible to be on the list in the first place. That is something we need to consider in the overall context of the Bill.

There are the issues of the quango itself costing more money, the questions of the European Union and then all the amendments we have put down that have been so ably defeated by the Government. We will put them down again. My concern remains over the manner in which this is being done.

I note the Labour Party's amendment providing that no fewer than five members should be women and no fewer than five members should be men - again, it is about diversity. We brought diversity into the political system by having gender quotas and looking for quotas not just in respect of gender but in other areas. This opportunity is largely being missed because they are trying to have a go at the judicial system and to take the Judiciary out of the justice system. They are not trying to reform it in a way that would have a meaningful impact for minorities, women and victims of crime in making sure the judges are qualified to understand the context and impact rather than reading out victim impact reports.

They brought in laws in the UK where it is required for judges to receive training before they become part of the Bench. There should be continuous professional development, not just in the area of the law but also on a wider basis, as we get to know more about the impact of crime and criminality not just on the victims but also on the perpetrators.Judges should have the opportunity to be kept aware of the latest developments in that respect and with respect to children who are the perpetrators of the crime and the reasons they commit crime. Our system should be reformed in that way.

Needless to say, we are disappointed with the haste surrounding the passage of this Bill but we are most disappointed with the rationale behind it. It has not come forward from the best position. I accept the Minister's bona fides on this and I sympathise with him on the job he has been sent here to do.

Comments

No comments

Log in or join to post a public comment.