Seanad debates

Tuesday, 6 November 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Kevin HumphreysKevin Humphreys (Labour) | Oireachtas source

I would like to come back to the Minister's remarks. After I became a member of a local authority, I became a member of several committees. Whenever I fundamentally disagreed with the consensus view within a committee, it used to be explained to me that the committee had always worked on the basis of consensus. I used to be told that the members of the committee did not want to vote on matters that had never before been voted on in the history of the committee. They did not want me to cause division. I have seen new people being pressurised in that way. They have to listen to the old hands who have been around for a long time saying that they want consensus rather than division and that they want to agree on any names that are going forward. I worry when I hear people saying they want to reach consensus because reaching consensus is sometimes the wrong thing to do. It is sometimes better to have a voice saying "I do not agree". At certain times, people should be asked to put their names to what they are supporting in a vote. Votes can be a good way of making sure people are clear in their own minds about the decisions they are making. I refer, for example, to requiring people to put their names to a vote on a particular recommendation. I have seen many decisions change when they were challenged in that way. The potential for conflict is there. I am not an expert in this area, but I am somewhat nervous as I listen to the debate about tying the Attorney General's hands behind his or her back after he or she has sat in on meetings and listened to what was said. If a member of the Cabinet who is not particularly happy with any of the three names put before the Cabinet decides to ask the Attorney General whether anybody else made an application, he or she will have to say that such information cannot be divulged on the basis that it would be a breach of the law to advise the Cabinet that names of good and substantial candidates were considered and voted down. It seems that the Attorney General will not be allowed to express that view at a Cabinet meeting. I am a little concerned about the language. If I am misinterpreting what the Minister is saying, I apologise. My remarks are based on the vibe I got from the answers the Minister gave to Senator McDowell.

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