Seanad debates

Tuesday, 5 March 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I would argue that in saying he will deal with these issues on Report Stage and will just listen on Committee Stage, the Minister is in breach of the spirit of the orders of this House. On Committee Stage, Members are supposed to debate the minutiae and put their amendments forward so that they can be considered in detail. This is not meant to be done simply on the basis of Report Stage procedure.

If the Minister looks at the wording of the change amendment No. 91g would make to section 46, he will see that it does not allow commission members to talk about other more suitable people. A minority of three could not say that so-and-so was better. This is a means whereby the requesting members can state that the person recommended is not suitable - not that somebody else is more suitable, but that the person recommended is not suitable. The Minister conjures up the notion of three fragmented groups in the commission, each with their own favourite shortlist and each opposing those of the others. This does not provide for that. This would mean that where the commission by majority says-----

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