Seanad debates

Tuesday, 11 June 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

The wording of subsection (2) is a little sloppy. It would be sufficient to say, "The published statement may set out different selection procedures in relation to appointments to different judicial offices." That would cover it all because it enables the appointments commission to establish different selection procedures in respect of different judicial offices. Why is it necessary to include the second paragraph referencing "a particular office where applicants already hold judicial office"? I do not understand the need for it given that the first paragraph already gives the commission power to do different things in terms of different judicial offices. In addition, the wording of the subsection is quite opaque and certainly cannot be said to be written in clearly understandable English. It states: "...the subsequent provisions of this Part shall be construed and have effect in a manner that enables the setting out, in the published statement, of selection procedures that, in relation to the foregoing appointments, are different from one another." That is a mouthful.

Finally, subsection (3) states: "In addition to the selection procedures, the published statement shall contain a statement of requisite skills and attributes which stands approved under section 54." Without rehashing the whole argument again, there is no mention of experience, only the reference to "skills and attributes". Surely experience is the most crucial criterion?

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