Seanad debates

Tuesday, 15 November 2022

Judicial Appointments Commission Bill 2022: Committee Stage (Resumed)

 

2:30 pm

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

I fundamentally disagree with the argument that just because one is a sitting member of the Judiciary one should not have to go through an interview process. I have not engaged with just the Attorney General, but also the Chief Justice and many others. There does not seem to be a view that this is something that should be excluded or removed from the Bill. What does anybody ask anyone in an interview process? Structures need to be set out, and that will be done.

What the Senator is suggesting is that a panel on the commission will intentionally exclude certain people because they do not like them and have their own reasons for that. That can happen anywhere, with members of Government or a Minister. I am trying to make sure that we have as clear and transparent a process as possible. The Senator asked a question about the interview process concerning when the names are presented to the Minister. They will have gone through the interview process and it will be helpful for the Minister in making a recommendation to Government colleagues, be it in a coalition or any other Government.

I fundamentally disagree that because someone is a sitting judge he or she should not have to go through the process any other person at any other stage goes through. We might differentiate between our Judiciary and another type of profession, but if one is seeking a promotion an interview process is the normal process to go through. I do not see why this should be any different.

I value the advice of the Attorney General. It is important that we listen to the advice he gives to Government. What we have here makes the process even more transparent.

I fully agree with the Senator that our Judiciary is one of our strongest and best assets. We are renowned worldwide in terms of the qualifications and exemplary way in which our Judiciary works. This Bill will only benefit those who are sitting judges and are seeking to become judges. I disagree with the Senator's argument. What is proposed is not just for the sake of it or to slow down or speed up the process. I have not filibustered or tried to prevent the debate from happening. We are giving as much time as possible to this discussion. I take on board everything Senators have said here and what Deputies said in the Dáil.

The interview process is a fundamental part of the Bill. Three names will be put forward and each individual position will be based on that position, the requirements of the day, the requirements of the President, the types of cases and situation we are in at that point in time. That is why the Bill has been set out in the manner in which it has been.

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