Seanad debates

Thursday, 4 October 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

The Minister is right insofar as he says that the proper place to decide these issues is in court. However, as Senator McDowell has pointed out that could include the award of very considerable amounts in compensation. That is public money. Of course there should be accountability to a committee for the expenditure of public money. That is obvious. If very significant amounts of State money are paid out to somebody in compensation then a committee of the Oireachtas should surely have the right to investigate, to establish the circumstances and in particular to establish the fitness of the chairperson to retain his or her position as chairperson of that body. If there has been malfeasance on the part of the chairperson leading to a substantial award of damages, surely to goodness that raises questions about his or her suitability to be chairperson. It is appropriate for a committee to examine this.

The Minister says this is not envisaged in the Bill. It is there in black and white. We are discussing it. The fact that these measures may have passed before a previous Oireachtas does not rule out their scrutiny now. If a mistake has been made in the past it is part of our responsibility to correct that mistake. We would be negligent in our duty if we did not do so.

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