Seanad debates

Wednesday, 30 January 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Then I really despair of this Government. The Bill would not be in its present form and be populated with all of these unconstitutional provisions were it not for the enthusiasm of one member of the Government. The Minister, who is guiding the legislation through this House, is asking us to accept as a constitutional proposition that the Attorney General should be prohibited from informing the Cabinet of whether a particular person whom it wants to consider for appointment as a judge has sought the position in question. Nothing could be more unconstitutional than that. Where does this House get the right to say to the Attorney General that he cannot do that? He is being placed on the commission - he would not be there were it not for legislation - but, having put him on the commission-----

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