Seanad debates

Tuesday, 26 November 2019

Judicial Appointments Commission Bill 2017: Report Stage (Resumed)

 

2:30 pm

Photo of Gerard CraughwellGerard Craughwell (Independent) | Oireachtas source

Fifteen years is an horrendously long time. It is not that we are trying to make sure that the people coming in are 15 years out of practice; we are saying that we are putting them through a decontamination process of 15 years. A learner judge, barrister or solicitor all have to be cleansed over a period of 15 years. They might need to be locked away from the courts or prove that they have not stepped inside a court for 15 years to be suitably cleansed. It is the most ridiculous period of time. I will accept that if we are going down the route we are going and we want laypersons on the commission, the laypersons involved should genuinely be laypersons but I disagree with stipulating 15 years. What about somebody, for example, who lectured in law and practised a little on the side? They will not qualify. A perfect reasonable period is three years and I do not see the need to stipulate 15 years.

Does the Minister genuinely believe that this decontamination period is justifiable? If so, where did the arbitrary figure of 15 years come from?How do we determine that after 15 years they have been cleansed and decontaminated of their practice at the Bar? Is it that they would not be allowed, for example, to have a drink with a colleague who is still working in the law courts? Perhaps the Law Library would have a function but such a person would not be allowed to attend it because it would bring him or her into recontamination. Would the 15 years have to start the day after a few Christmas drinks with a judge or a leading barrister because one had once again been contaminated?

It is ludicrous and mad. We are hammering this Bill through this House before it goes back to the Lower House in order to satisfy one person. I mention the amount of time it has taken and the important legislation the Minister has sitting on his desk. When this mad Bill is passed, if it passes, it will become the Minister's Bill in perpetuity. It will be there for all time as the Minister's Bill. There will be another man sitting in his new electric car outside the Garda station-----

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