Seanad debates

Tuesday, 18 June 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Jerry ButtimerJerry Buttimer (Fine Gael) | Oireachtas source

Gabh mo leithscéal, he was not. We had a major dispute when the decision was taken that we would no longer appoint people to positions of responsibility on the basis of seniority. Instead there was to be an interview process and a scorecard reflecting experience, qualification and the interview itself. The motto of the Honorable Society of King's Inns is nolumus mutari, "We shall not be changed". However, I have to ask why we are afraid of change. I have no vested interest in this whatever. If we simply accepted the world that exists, we would never change anything. Marriage equality would never have happened. We would never have changed how we do our business in other referendums. We would live in the past. We would never have changed how we do business in this House of the Oireachtas.

What is wrong with having a conversation about the best skills and attributes for a judge to bring to the role? Why should we not have an interview? What are we afraid of? It is not a litmus test of whether someone is liberal or conservative or for or against something. What is wrong with interviewing members of the Judiciary to see if they are up to the job? Why are we running away from that? I am not condemning in any sense of the word. I have listened to the debate with incredulity. I have read all the articles on it, including the articles and letters in today's newspaper. Are we going to say that the cosy cartel can continue, that those who live in the Law Library can say to those of us who do not and are not in any kind of club that this is beyond change? We all change in life. We have made gargantuan changes in how business is done across many parts of society. Why is it that in this case we are not bringing change? Why are we afraid of it? I appreciate that we must have an independent Judiciary. I am all for that. I am not advocating against it. Why should its members not be interviewed? Why are we saying that an applicant responding to the advertisements I read out should not have an interview? If I am missing something, I will be happy to admit it. Let us be honest about this. A vested interest is opposed to this Bill - hook, line and sinker. No matter what the Minister or the Government introduces, that vested interest will not change its mind.

Reference was made to the Minister for Transport, Tourism and Sport, Deputy Shane Ross, and the Government. If the Government did not appoint judges, the Opposition would come in here every day, highlighting the appointments that were not made and asking why. Members of this House have highlighted vacancies and asked why they are not being filled.

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