Seanad debates

Wednesday, 26 September 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I note that section 18(2) states: "Where a member of the Commission referred to in subsection (1) dies, resigns, is removed from office or otherwise ceases to hold office the casual vacancy so occasioned shall be filled in like manner as the manner in which the member who occasioned the vacancy was appointed, and the person appointed under this subsection shall hold office for that period of the term of office of the member who occasioned the casual vacancy concerned that remains unexpired at the date of his or her appointment". That sounds good until one considers, if somebody has four months to go in office, whether the Public Appointments Commission is seriously to run the advertising process and it is all to be done by resolutions of the Houses of the Oireachtas. Is that sensible? It seems that it should be qualified by some provision providing for reasonableness. The procedures put in place for the purpose of selecting candidates, particularly to fill the lay offices, seem to be very elaborate to engage someone for a negligible period. Should there be some let-out clause in order that we would not have to go through a process of placing advertisements by the Public Appointments Commission and debating and passing Dáil resolutions where there were just two, three or four months to go in somebody's term of office?

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