Seanad debates

Tuesday, 19 November 2019

Judicial Appointments Commission Bill 2017: Report Stage

 

2:30 pm

Photo of Gerard CraughwellGerard Craughwell (Independent) | Oireachtas source

We are speaking about the Long Title to the Bill and amendment No. 1 on page 7. We are putting in the word "advisory". We are seeking to amend the Title to include the word "advisory" for a number of reasons. As the Leas-Chathaoirleach knows, Article 43.1 of the Constitution provides that justice shall be administered in courts of law by judges appointed and the appointment of judges, under Article 35.1, is the prerogative of the President. We are trying to ensure that we are not taking it upon the shoulders of the legislation, for the want of a better description, to usurp the authority of the President to appoint judges based on a recommendation that is made. It is an advisory recommendation rather than one that is made to the President on the appointment of judges. We are trying to ensure there is no ambiguity whatsoever in the legislation should it pass in this House. I hope the Minister accepts the recommended amendments.

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