Seanad debates

Wednesday, 17 April 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

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

Not really. The publication arrangements are set out clearly in section 48, as amended.

On the matter of confidentiality, I again remind Senators of sections 27 and 28 which deal with the issue of confidential information. We have amended the Bill to inform candidates when they have been shortlisted, which is desirable. I detect a welcome on the part of Senators for this, as a courtesy and in fairness. However, the hyperbole on the part of some Senators cannot be resisted. I do not believe any unsuccessful applicant, having been informed on a confidential basis by the commission of his or her shortlisting and lack of success, will then appear on "Prime Time". It is funny that Senator McDowell makes this point - I agree with Senator Norris - given that only recently on "Prime Time" he spoke about the concept of camera sluts. I do not believe any judicial candidate would find himself or herself in the category of a camera slut, where, on receipt of a registered letter or a communication in accordance with the rules and regulations, he or she would immediately ring RTÉ and book a slot to tell the world he or she had been unsuccessful on a number of occasions.

On Second Stage Senator McDowell indicated the need for a significant element of confidentiality in order to preserve the process and ensure people would find it a reasonably attractive proposition to apply in the first instance and not have their names bandied about in every newspaper or on prime time television in the manner in which he now believes to be the case.It is not acceptable to have one's cake and eat it too. I remind Senators of sections 27 and 28, with section 48, as amended, which is under discussion.

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