Seanad debates

Tuesday, 7 March 2023

Judicial Appointments Commission Bill 2022: Committee Stage (Resumed)

 

12:30 pm

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

There is no requirement in this legislation, as drafted, for somebody to be a citizen. I will not comment on the 2015 years but the Senator has made his opinions very clear. Regarding the core requirements set out for academics, these are, I expect, the minimum to apply. Obviously they would have to demonstrate to the commission their ability to apply good judgment.

I agree that to sit on the Bench, being able to form an opinion is only one step towards what would make somebody a good judge. A person might be very good at practice and not very good at opinion or vice versa. However, a judge has to be good at both and be able to apply opinion to a practical situation in front of them and to be able to do so in a common sense and humane manner. No matter how intelligent or capable people are, not everybody is always able to show what we would call good judgment. Unfortunately, I have to oppose the amendment. This provision is simply the minimum for someone to be able to apply. Beyond that, applicants would have to demonstrate a lot more skills to the commission before they would even come to the point of being recommended to the Government as one of three candidates to be appointed.

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