Seanad debates

Monday, 9 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:00 pm

Photo of Kevin HumphreysKevin Humphreys (Labour) | Oireachtas source

The Minister will be glad to hear that I will be brief. There has been a long debate. At least two Fine Gael Senators have now expressed concerns about the Bill. They have also spoken about the distrust shown by the Bill towards the legal profession and the Judiciary. Senator McFadden was correct when she said that the independence of our courts is of the utmost importance. As this legislation goes through, I am certainly concerned about whether we are undermining the independence of the courts.We have to be cautious in that regard. As Fine Gael has been known as the law and order party, I am certainly concerned about the manner in which this is being processed. I have great sympathy for the Minister with regard to progressing Bills such as this. I have sat in the seat in which he now sits and have had to put legislation through that was part of the programme for Government but which I would not have wholeheartedly supported. When a deal is done in respect of a programme for Government, however, that programme has to be honoured. I have to ask the Minister if his alliance is still in existence or if this is just a single person's crusade, as has been said repeatedly.

Senator Mark Daly raised the issue of the almost €1 million cost of this commission. If it improved the Courts Service and the appointment of judges, it would be €1 million well spent, but there is a question mark over whether it will improve things or whether it will make things worse. I do not believe that case has been fully won. It certainly has not been won in this House during the period of this debate. If a single person says that we must have this legislation and that we must reopen Stepaside Garda station, but proof is put out and independent research shows that neither measure is economically viable, there is then a question mark over whether one should continue with the measures when the independent evidence says that it may be the wrong way to go, even when one is in a partnership or a programme for Government.

One of the things we said when the Labour Party was in government with Fine Gael was that we would pass legislation on the basis of evidence. There is very little evidence on which to base this Bill. I am conscious of whether we are on a slippery slope. There is a perceived populist element to this legislation which we should run down. Despite that, we have heard at least two Senators from the Fine Gael group say that they will vote with the Whip. I compliment Senator Noone on her contribution in that regard. I respect that if one is a member of a party, one can sometimes do an awful lot more for the greater good inside it than outside. I am by no means being critical of Senator Noone, but she should throw up warning signals to the Minister to say that-----

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