Seanad debates

Wednesday, 20 February 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

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

I do not wish to unduly delay the proceedings of the House. I have listened carefully to the Senator on this issue over the past number of days. I am minded to seek a formula that might address the issue as raised. I have two points to make. First, I refer to the issues of confidentiality, especially those referenced in sections 27 and 28. In many respects, Senator McDowell was the person who, more than any other Senator, introduced the issue of confidentiality of process. That was for good and sound reasons. I refer to the fact that information of a sensitive and personal and professional nature should be kept within the confines of the commission and not disclosed, even in exceptional circumstances.

This has also brought into focus the constitutional role and function of the Attorney General. I am examining that and I am minded to see whether I can devise a formula that will facilitate the type of scenario as envisaged by Senator Craughwell. As I said earlier, if we can proceed through Committee Stage, I will require a period of reflection for a number of weeks before we take Report Stage. That would be part of the deliberative process in any event. I will need to consult my Government colleagues for amendments to be made. I am conscious, however, of the point raised by the Senator. In any event, I will not bring in such a formula, if I can find one that will be to the satisfaction of the Senators, under section 43.

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