Seanad debates

Wednesday, 24 October 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I am grateful to the Minister for making very clear what I had always feared to be the devastating hole and error at the heart of this legislation. The Minister has just made it clear now that the policy is that the Government would be kept in the dark and expected to look to the shortlist except where it falls short of the maximum number available in the shortlist and that it will be cast in stone that the Government will be kept in the dark on such a matter.I believe in my heart that this is a fundamental assault on our constitutional framework, especially in the case of appointments to the Supreme Court. I know from my experience as Attorney General, as Minister for Justice and Equality, and as Tánaiste that the Government, when considering appointments to the Supreme Court, not merely has the right but has the duty to make appointments to the Supreme Court which reflect values which it holds. These are not values that seven people chosen by the Public Appointments Commission hold but values the Government has.

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