Seanad debates

Tuesday, 10 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

This amendment proposes to delete section 11(7) to (10), inclusive, from the Bill. When the House rose last night and I reported progress, I was in the middle of asking the Minister a number of things. First, I asked him what was meant by the dual function of advising and assisting the commission in the consideration of applicants at a preliminary stage in the course of the selection procedures. Second, I asked him what was meant by the provision of an evaluation or assessment of an applicant's suitability for appointment that would assist the commission in making any decision in the course of carrying out those procedures. Third, I asked the Minister to provide a clear explanation as to what the qualification in the last paragraph of section 11(8) actually meant in the circumstances. It is very important that we understand how the commission will operate. I had, therefore, also asked the Minister to say if anyone will have a clear picture of what has happened to his or her application if he or she is unsuccessful in seeking to be considered by the commission for appointment by the President as a judge on the advice of the Government.Will an unsuccessful candidate have any insight into why he or she failed? Will he or she be given feedback on his or her application and the interview that took place? That is relevant, for instance, for people who are concerned, as Senator Lynn Ruane is, about diversity. Did it feature and, if so, how, or how did it not? I have expressed the view to the Minister on different amendments that people talk about transparency in this process, but I cannot see how it will work in a truly transparent way.

I apologise for the phone interruption.

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