Seanad debates

Tuesday, 2 July 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Section 56(4) provides that “The Procedures Committee shall, following a review under subsection (1), make a report to the Commission of its findings including any recommendations relating to the implementation of this Act ... but not limited to, recommendations relating to ... the published statement”. This is the procedures committee report only to the commission. It is not a reference to matters that have been agreed by the commission and included in a statement.

If one combines section 53(6)(d) with section 56(4)(a) to (e), inclusive, one is looking at a requirement for the procedures committee to have regard to recommendations that it may have made but which may not have been accepted by the commission. That is the point I am making. Will the Minister look at this again? If the committee is required to take account of its own recommendations, that is one matter. However, its recommendations may not be agreed by the commission in total. That is the point at which I am driving. There are issues which arise under section 56(4)(b) to (e), inclusive, which might or might not be agreed to by the commission. Section 53(6)(d) requires the commission to have regard to its own recommendations, whether or not they have been accepted.

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