Seanad debates

Thursday, 4 October 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

With respect, it is time to draw the curtain on this section. We have heard scenarios mentioned that have little basis in reality when we speak about the sudden departure, resignation and incapacity of the chairperson during the months of July or August and the consequent parliamentary gridlock that will ensue with the non-availability of the chairperson to attend. We are merely talking about a standard provision involving the accountability of the chairperson to an Oireachtas committee. In respect of there being no chairperson in August, I have not seen too many Seanad committees requesting people to come in during August. It most unlikely that this will happen.

The chairperson giving an account of the general administration of the commission is no more than what we are requesting in this provision. In the event of the departure of the chairperson, there is provision in law for his or her replacement. There is a good reason there is no provision for attendance with regard to either presiding over meetings or attending Oireachtas committees on the part of a vice chairperson or designated officer because of the requirement to have a lay majority. Seanadóirí would not be too pleased if the chairperson of the commission said he or she was not attending but was making provision for another lay member or one of the judges to go before a Dáil committee. It is entirely appropriate that the chairperson should be the person on whose shoulders responsibility for these issues lies. I do not accept that the commission will be rendered inactive because of something that might happen in August following the sudden resignation of a chairperson. Ample provision allowing for an obligation on the part of the Public Appointments Service to fill the vacancy, have a chairperson and let him or her come in and deal with the Committee of Public Accounts as far as expenditure is concerned under section 21 is enshrined in the Bill as well las the accountability of the chairperson to other Oireachtas committees that may from time to time be required or deemed appropriate.

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