Seanad debates

Tuesday, 18 June 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I really believe that this is a point of central importance. If there is one thing we can do to improve this Bill, it is to make absolutely clear that the function of looking at the philosophical outlook of the applicant, in terms of liberal-conservative and the rest of it, is exclusively a matter for the Executive and cannot be delegated to a group of judges, practising barristers and solicitors, laypeople or human rights commission people. It cannot be delegated to them and they should have no function when they are composing their shortlist in taking those considerations into account.

Unless I get satisfaction from the Minister that he agrees with me on this issue, and unless he agrees that it is not the function of these people to do their shortlist by reference to liberalism or conservatism of a legal kind, then I get the impression that the hope is that this commission will take those kinds of matters into account and will, by doing so, usurp the Government's prerogative in this matter. It is the attitude of the Government that matters not of unelected people on the commission who would not be responsible to the people.

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