Seanad debates

Wednesday, 14 November 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I agree with the Minister's estimate of the distinction between (a) and (b). It is strange that in the context of an appointment to judicial office under section 39, there is an obligation to record the deliberations, but when it come to an office for which there is to be shortlist of three, based on expressions of interest, at the moment being the Chief Justice, the President of the Court of Appeal, and the President of the High Court, there is to be no record of deliberations kept. That is an interesting anomaly in the Bill. The Minister and I seem to agree that the distinction is there between the two where one is lighter in the record-keeping obligation than the other. Is that accidental or deliberate? If it is deliberate, I would like to know the basis of the policy distinction?

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