Seanad debates

Wednesday, 24 October 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

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

-----of the process. The final point I would like to make relates to the process of public consultation. This arises from Senator McDowell's assertions that serving judges will be excluded from the need to continue to notify the Government. There was a process of consultation prior to the introduction of this Bill. It was long before my time in this portfolio. It happened under the stewardship of the former Minister, Alan Shatter. The overwhelming view of those who contributed to the public consultation process, including senior members of the Judiciary, was that all appointments should be treated in the same manner. This would mean that judicial promotions would be subjected to the new process, and that is provided for in this Bill. I reiterate that this Bill was drafted against the background of an unprecedented process of consultation. To my recollection, it did not take place in the context of the establishment or setting up of the original Judicial Appointments Advisory Board. I repeat that there are no circumstances in which the constitutional position of the Government vis-à-vis the appointment of judges is being interfered with here.

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