Seanad debates
Wednesday, 25 January 2023
Judicial Appointments Commission Bill 2022: Committee Stage (Resumed)
10:30 am
Barry Ward (Fine Gael) | Oireachtas source
My point arises from what Senator McDowell has raised because I share his concerns. I also understand what the Minister of State has said in that obviously the commission should not be bound to interview everyone. However, in many ways, the way to do that is to remove the requirement for it to interview anybody who is to go forward. Section 46 states the commission "shall consider applications made in respect of a particular vacancy". In that regard, every vacancy must require an interview of the candidate who will be put forward. That means that if somebody applies on ten occasions, the person must be interviewed on ten occasions. I ask the Minister of State to correct me if I am wrong. I am interested in his view. However, I do not think a person who has been previously interviewed by the commission, be he or she a sitting judge or an applicant from the Bar or solicitor profession, could rely on an earlier interview because it must be with regard to a particular vacancy. That is cumbersome in the extreme. We know there will sometimes be a succession of vacancies in a short period, for whatever reason. There is an unnecessary cumbersomeness to the requirement that somebody would have to submit himself or herself to a series of interviews because he or she was not successful the first or second time. That is why I hope the Minister of State will give consideration to the amendment.
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