Seanad debates

Tuesday, 25 June 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I should examine the points made by Senator Norris carefully and respond to each of them. First, the arguments I have made that the Government can and should have regard to somebody’s ideology or outlook, whether such a person is liberal or conservative, apply to the Government. The whole purpose of what I said about that is that this is a choice for the Government alone. If the Government wants a conservative person, so be it. If it wants a liberal person, so be it but the Government cannot delegate that discretion to a group of people who are not in government and who are not responsible to the people.

I would make the general point that if this measure or provision, is not either implicitly or explicitly part of the interview process, the members of the commission may believe it is their entitlement to explore with candidates their moral outlook on one question or another or their attitude to social controversial issues in one way or another. By way of general preface to my remarks in response to Senator Norris, my point is that this is a governmental decision alone. It cannot be delegated to a group of people - judges, barristers, solicitors or a majority of so-called lay people chosen by the Public Appointments Commission.

I want to state also, in respect of that lay majority, I do not know who will be putting their names forward if this Bill ever becomes law. I wonder why someone would want to be on such a commission. Would they have an agenda? Would they say, "I want to liberalise Ireland" or "I want to make Ireland more conservative"? Would they have an agenda on a series of issues? Would they have an agenda that they want to influence the way in which, for instance, the courts in the future interpret the Constitution conservatively, liberally, creatively or whatever? My point is simply put this way, those are issues for the Government.

The Minister, Deputy Ross, has on a number of occasions indicated he wants to take away from elected politicians the function of choosing our judges. That is his broad philosophical position. He accuses elected politicians of engaging in cronyism.

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