Seanad debates

Tuesday, 5 March 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

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

I expect that it would be covered by the confidentiality issue within the Bill. I cannot immediately point Senator McDowell to the letter. I would be happy to do so at the earliest opportunity. In the event that it is not, I would be keen to ensure that the report itself would be confidential.As such, this would be subject to the confidentiality rules and conventions of Cabinet. If there is no specific reference, I would be happy to ensure we would work towards having such a specific statement in an appropriate place in the Bill before its enactment. I do not wish to open a further flank on the Council of Europe GRECO reports but I remind the House, as I have on numerous occasions, that there are no set international norms in these matters. The Council of Europe would be aware of our legal system and common law regime, which is considerably different in practice and procedure from what is the norm among Council of Europe members. That is a point on which we have made considerable argument in the context of our engagement with GRECO, which has been active and will continue.

What Senator McDowell wishes to support is not something that has arisen with regard to this particular amendment but is common to a number of amendments. It becomes clearer the longer we debate the matter that there is a desire on the part of a number of Senators to have something of a parallel process, having regard to the fact that this will be a 17-member commission. There appears to be support in this House for a small group of people who will assemble and be influential within that group of 17 people. I am concerned that if we accommodated groups within groups and minority or dissenting reports on the part of a group within the commission, we would be going against the fundamental principle of the Bill.

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