Seanad debates

Thursday, 4 October 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

That is a matter which has been the subject of proceedings before a court in the State. The chairperson of the commission is then asked by the Members of the Oireachtas to account for the circumstances in which he or she and the commission over which they preside have incurred liability, legal costs and all the rest of it on behalf of the State. He or she is asked to account for the behaviour that gave rise to this complaint and the fact that, for instance, the commission lost the case hands-down and was criticised by a judge. The chairperson is asked to be accountable for this to an Oireachtas committee. He or she will not answer any question on that subject. It is almost a case of Roma locuta est, causa finita est- the courts have dealt with the matter and there is nothing further to be said. That is not accountability in any shape or form. A case is settled, a confidentiality clause is imposed and that is the end of it. I know of Members of this House who have been the subject of settlements with confidentiality clauses. That does not mean-----

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