Seanad debates

Thursday, 20 June 2019

Judicial Council Bill 2017: Report and Final Stages

 

10:30 am

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael) | Oireachtas source

This is a new provision which stems from a concern that there should be a person specifically tasked with putting as much preparatory work as possible in train pending the establishment of the Judicial Council. When new bodies are established, much of the vital administrative work often takes place in advance of their establishment. This is specifically contemplated by section 17 of the Interpretation Act 2005. In this instance, I have taken the view that there is merit in having a recognised person who can work with the Judiciary to identify the supports needed if the council is to carry out its functions from the date of its establishment. That person can also work in the background, carrying out the many routine administrative tasks which will be necessary in the time leading up to the establishment of the council and between its establishment and the appointment of a secretary by the board. The approach taken will allow the Chief Justice to appoint a member of the staff of the Courts Service to act as interim secretary pending the appointment of a secretary by the board of the council, as is provided for in section 26. The post is interim secretary and will cease once the formal appointment is made. This touches on a matter that I raised earlier concerning the establishment of structures. Work can commence in parallel, rather than afterwards, section by section.

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