Seanad debates

Tuesday, 25 October 2022

Judicial Appointments Commission Bill 2022: Second Stage (Resumed)

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

There are several issues and I reserve the right to table further amendments in this respect on Report Stage. Even the wording of section 13(4)(d) is weak. It refers to matters concerned with the importance of the protection of human rights and equality. There needs to be expertise and persons who can properly represent these issues. Simply stating somebody can say it is important is weakly worded. It is not consistent, even with the language of the legislation, which is not just about protection but also promotion. It is a positive duty in respect of the public duty on equality and human rights. This is constrained and limited. This subsection does not even mention the protection of human rights and equality; it refers to the importance of the protection of human rights. It is quite a dilute provision. There is no guarantee as to how it will be reflected. Will it be reflected in a way, for example, that demonstrates expertise and understanding of the relevant international law in this regard?

This legislation is not clear on the public duty on equality and human rights. It is not robust enough. It is a dilution of what we have seen in similar legislation from 2015 on the Legal Services Regulatory Authority. I am curious regarding the decision to move away from what was in the heads of the Bill. Perhaps this is something on which the Minister of State can elaborate. Moving away from strong measures on human rights is a concerning decision. It is not a matter of failing to do a good thing. We are moving backwards in this regard.

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