Seanad debates

Wednesday, 17 April 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Gerard CraughwellGerard Craughwell (Independent) | Oireachtas source

I am somewhat perturbed by all of this, with all of these secrets flying around the place. If ever there was a gaping hole in a Bill, it is with these secrets. We all know that nobody keeps secrets. Senator McDowell has alluded to telling a friend that he was shortlisted and everybody knows that that friend will tell two more friends who, in turn, will tell two more. Everybody says it is in confidence and that it should not be told to anybody else. That is absolute nonsense. Secrets are not kept. There are leaks from the Cabinet and committees. There are leaks from everything under the sun. There is one gaping feature of this section that sticks out for me and it brings me back to something we discussed sometime last year. Having done all of the work in advertising a position, shortlisting the candidates, interviewing, finalising three names and presenting them to the Government, the Government may decide it does not like any of the names and will appoint its own person. It is provided for in the legislation; it can do it. What does the Bill do? How have we in any way met the needs of those who want to see an open and transparent judicial appointments system in place? The Bill will not do it because a Government could decide it did not like the method used. For some time there has been an allegation of cronyism in the appointment of judges. If we have a Government with a sufficiently large majority-----

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