Seanad debates

Wednesday, 26 October 2022

Judicial Appointments Commission Bill 2022: Committee Stage (Resumed)

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

The answer is "Yes". We are setting out a clear process that will apply to every individual regardless of whether he or she is a sitting judge or a solicitor or barrister applying for the first time. Everyone will come through the same process. I appreciate that the Constitution sets out that the Government appoints judges. That is why I am not recommending that one name be put forward to the Minister or Government or that the three names be marked as the first, second and third preferences. I believe there should be discretion. At the moment, a Minister could be provided with up to 60 names. I am not sure that is the best approach either. While there may be a particular view that the three recommendations limit the Government's discretion, I have looked at this issue carefully and examined how people are put forward, presented to government and appointed in other jurisdictions. This strikes the right balance. In short, the answer is "Yes".

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