Seanad debates

Monday, 9 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:00 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

Amendment No. 26 is designed to ensure that lay members who may be appointed to the commission are given and have access to the supports or training they may need in respect of the delivery of their functions within the commission. This is to ensure there is a mechanism which, while recognising that lay members appointed by the Irish Human Rights and Equality Commission, IHREC, may have access to a separate source of expenses as would the legal representatives, ensures that there are expenses for training for the lay persons to ensure that, as was discussed in an earlier part of the debate, they are fully supported and confident in engaging on the questions they will be discussing. For example, they would be given training in respect of international best practice in judicial appointments in order to ensure that they are meeting the highest standards. It effectively makes sure that the lay members who are participating in this process are supported and resourced, while still respecting their independence and that, in the end, it is they who will have to make the decisions. This is where I saw the import of that.

Although I know we are not coming to it yet, I am quite supportive of amendment No. 29 from Senator McDowell which seeks to address the section of the Bill which allows the commission to employ consultants and experts in the consideration of applications for judicial roles. That is a step too far. It is inappropriate. It is important that the commission itself undertakes the important work and task it has been assigned, namely, that of sieving through applications and ensuring that the right standards are applied and the best candidates are put forward for judicial appointments as roles arise. In that respect I am quite supportive of the Senator's amendment. I see amendment No. 26 as complementary to it because amendment No. 26 recognises the role of external supports, which is to train and strengthen the capacity of commission members rather than replacing their work or decision-making role in any sense. I hope the Minister might be amenable to at least take the spirit of amendment No. 26 on board to ensure that those supports are put in place and to provide a mechanism by which they can be put in place for the lay members.

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