Seanad debates

Tuesday, 26 February 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I strongly support this amendment, which is an important one tabled by Senator McDowell. Four words are significant here because this does not operate in any circumstances or the general run of things. The four words are, "necessary", "expedient", "urgency" and "sufficient". In order for the amendment to come into play the Government would have to consider it necessary on the one hand, or expedient, and the reason for that is the urgency or other sufficient reason. That really justifies itself in allowing the Government to advise the President to fill a vacancy in a judicial office to which section 44 applies without any request being made by the Minister to the commission in accordance with that section. The whole idea of it being without any request being made by the Minister to the commission is because it is a situation of urgency and necessity, so it is not proper to contemplate that there should be any kind of delay in the matter.

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