Seanad debates

Wednesday, 14 November 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

For clarification, I am holding up a note, from which I am reading, which is from the Labour Party legal adviser on section 27. That is what I was reading from and it had not previously been raised in this House. I would be grateful to finish the point I was making without any further interruption. I do think there is an inconsistency of treatment and I thank Senators Clifford-Lee and Humphreys for pointing that out because we need to address cases where it occurs.

We have amendments relating to the candidates on the shortlist. It is a major flaw in the Bill that it does not require the recommendations on the list to be ranked in order of preference by the commission, and amendments Nos. 92 and 96 to section 46 are designed to address this. It might also have an impact on section 47 because a ranking in the commission report would change the nature of the information that goes to Cabinet in the first place. It might also change the way the advice of the Attorney General to Cabinet is dealt with. I know the Minister will not respond in a real fashion to the points I have raised and I do not expect him to, given what he has said.

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