Seanad debates

Tuesday, 22 January 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Without being disorderly, I wish to bring the Minister forward to why this amendment is so important. It is because of what is later provided for in sections 48 and 49 of the Bill with which we are dealing. Section 48 innocuously states:

(1) Notice of an appointment to judicial office shall be published in Iris Oifigiúil and the notice shall, if it be the case, include a statement that the name of the person was—(a) recommended by the Commission to the Minister in accordance with the provisions of this Act, or

(b) recommended to the Government under section 44,as the case may be.

Subsection (2) is significant. It states:

(2) In the event that a person appointed to judicial office has not been recommended by the Commission under this Act, the notice of that appointment published in Iris Oifigiúil shall include a reasoned written explanation of the decision of the Government not to nominate a candidate recommended by the Commission.

I ask people to let that sink in for a second.

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