Seanad debates

Wednesday, 11 December 2019

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage

 

10:30 am

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

This is ground that has been well covered in both Houses, but in particular in this House during the past year and a half.The amendment in which the Senator is seeking to make provision to the effect that the Public Appointment Service and the commission to uphold judicial independence provides for certain restrictions on the motivation of persons seeking to be appointed as lay members of the commission and on the information that may be provided by or asked of a person who may wish to be considered for or to apply for judicial office. Going back to 2013, the public consultation process - this is not often recalled by Senators in the context of the current debate - addressed issues relating to eligibility, diversity and the adequacy or otherwise of the existing structures that are in place in respect of judicial appointments. I invite Senators to agree fully that there is an adequate reflection of this right throughout the legislation.

In the context of the critically important area of the Bill that deals with the establishment or development of procedures and requirements in respect of appointments, namely, Part 8, I invite Senators to examine section 55(6). In the context of the preparation of the statement referred to in section 55(1)(b), section 55(6) states that the procedures committee shall have regard to "the independence required of holders of judicial office as respects the exercise by them of their functions as holders of such office". I want again to acknowledge the independence of the Public Appointments Service. I am surprised when Senator Norris speaks about politicisation of the process.

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