Seanad debates

Tuesday, 5 February 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

-----for many years, ignored by the commission, and that this would amount to a gross dereliction of duty on the part of the commission for failing to recommend this legal wizard in position number one. Quite frankly, I do not foresee circumstances under which that will arise because I again point out the changes that were made in the Bill after the Dáil debate to the effect that the presidents of the court will be sitting on the commission. These are the people best placed to recognise a legal whizz-kid among them and ensure that their influence is brought to bear in the preparation of the list for Government, which is what the commission is all about. I reject the notion that, because of the composition of this commission, talent of an extraordinary type can be blackballed by the non-legal members of the commission. I fail to see how that could happen, having regard to the composition of the commission, including such eminent legal experts as the presidents of the court. We are being treated to a red herring. That said, I take very seriously the earlier points raised in respect of the constitutionality of the legislation and the maintenance and preservation of the discretion for Government to recommend for appointment somebody from the middle of the list, the top of the list, number three on the list, or from outside the list if it so chooses. That will arise only in the most exceptional of circumstances and I point to the operation of the Judicial Appointments Advisory Board for the past 20 years to support that.

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