Seanad debates

Tuesday, 11 June 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

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

The Senator had no difficulty with the principle of being interviewed. However, he has a huge problem with a sitting judge, in applying for what might be described as a "promotion", being interviewed. Looking at other jurisdictions, there is a facility which allows such an interview to take place, for example, in Scotland. If one looks at the current judicial appointments board system, there is provision for holding interviews. What we are doing is facilitating the commission in holding interviews in the same way we facilate the holding of interviews under the current judicial appointments board system.

As far as sitting judges are concerned, I have said on numerous occasions that I intend to revisit the means by which we arrive at selecting those to be appointed to the three most senior posts of Chief Justice, President of the High Court and President of the Court of Appeal. I have indicated this time out of number, but I have not been able to do it because we have not yet reached Report Stage. In fact, I was hoping we would complete Part 8 of the Bill today and that we could get to Part 9 and complete other matters on Thursday in order that we would then have the remainder of the session to complete Report Stage. Perhaps we might be able do so within the next two weeks. That is still my intention and I am asking for the co-operation of Senators in that regard. I will come back on Report Stage with a formula to be used in selecting the persons to be appointed to fill the three most senior positions. Senator McDowell mentioned the positions of president. In fact, only today, the Government approved the appointment of the successors to the current President of the Circuit Court, Mr. Justice Raymond Groarke, and the current President of the District Court, Judge Rosemary Horgan. An advisory group to the Government, comprising the Attorney General, an individual from the Top Level Appointments Committee and a senior experienced expert judge, held a series of meetings. Having sought expressions of interest and placed an advertisement in the national newspapers, it duly recommended to the Government a number of names, from which it ultimately made a selection. I intend to propose a similar formula on Report Stage. In the meantime, I decline to accept the amendment which goes too far. Nobody is mandating the holding of interviews; rather, as happens in similar jurisdictions, there may be provision for the holding of interviews should the commission deem it to be appropriate in the circumstances.

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