Seanad debates

Wednesday, 24 October 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

-----of Senator McDowell has alerted the House to the fact that provisions of this section of the Bill are clearly unconstitutional. He has put on the record arguments that clearly demonstrate this fact. It is a really serious matter and the House would be well advised to recognise it.

I will come back again to the point of what is perfectly logical or reasonable when making a decision. One element that makes a decision good is the collection of all the required information. This section seeks to exclude the Government. We are not talking about the public or putting the information on the Internet, the "twiddly-diddly" or whatever devices people have these days. We are talking about the process within Government, which is bound by Cabinet confidentiality. Why in the name of God can the Minister not accept Cabinet confidentiality? We are already served by Cabinet confidentiality and it is regarded as beyond the Pale for a member of the Government at a Cabinet meeting to reveal information about what goes on there.The Minister has often referred to that fact. I have heard him in interviews on the wireless in which he says he is terribly sorry but that he cannot give this information because it is covered by Cabinet confidentiality. With what, in the name of God, is the Minister not satisfied? Why should the people who are making the decision be prevented and precluded from having information, particularly when they are covered by Cabinet confidentiality? I simply cannot understand it. Will the Minister indicate if he is prepared to introduce an amendment along these lines to present to the Government a list with the first three names underlined, being the recommended ones, and all of the other possible candidates? I do not see anything whatever wrong with this.

Comments

No comments

Log in or join to post a public comment.