Seanad debates

Wednesday, 5 October 2022

Judicial Appointments Commission Bill 2022: Second Stage

 

10:30 am

Photo of Emer CurrieEmer Currie (Fine Gael) | Oireachtas source

I welcome the Minister to the Chamber for the second time today. I have never spoken on this Bill but I recognise, as the barristers in the room have said, that we have a strong record of judicial excellence and independence. This is about opening a more transparent process, which is welcome. The Minister mentioned diversity many times in her speech. It is obvious much thought has gone into this. There is the diversity statement and two appointments from the Judicial Council, including one man and one women, while the lay members are to include two men and two women. It is in that spirit I raise the concerns of the Irish Human Right and Equality Commission. It was included in the general scheme and had the ability to appoint someone who would represent human rights and their protection and promotion. Now, those four lay members will cover knowledge of and expertise in the justice system, business, corporate governance and human rights. There is no explicit guarantee.

The Minister said it would be important to have a more proactive and precise focus on human rights and equality and that they should be protected in this process, but it is not guaranteed as part of the appointments. I feel it is a positive provision to have a lay member with that responsibility. Judicial appointments are important and having somebody with oversight of diversity, gender balance and representation of minorities is important. We recently heard from the Irish Human Rights and Equality Commission about its public sector equality and human rights duties under section 42 of the 2014 Act. It would be a proactive step for the judicial appointments commission to meet its statutory obligation to fulfil those duties too. I ask the Minister to consider that. If the Irish Human Rights and Equality Commission tells us it feels there is room for people's rights and equality to be strengthened, then we need to listen. The general scheme suggested the appointment would be from its current membership. The Irish Human Rights and Equality Commission suggested it is willing to look at that issue more broadly and that it could be an area for compromise.I ask the Minister to reflect on that point.

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