James Browne (Wexford, Fianna Fail) | Oireachtas source

Section 9 deals with the membership of the judicial appointments commission and it provides, in line with the Government programme, that the commission will be chaired by the Chief Justice. It provides for an equal number of lay members - four - and judicial members - four. Judicial membership comprises the Chief Justice, the President of the Court of Appeal and two nominees of the Judicial Council. The Attorney General is a non-voting member. Amendment No. 9 proposes that the Attorney General shall not participate as a member of the commission in relation to appointments to the superior courts. It seems clear that amendment No. 6 is a consequential amendment to amendment No. 9, so I do not propose to address it in isolation.

The concern that the Senators appear to have is not shared by me. In respect of these amendments, I will say the following. The Attorney General will sit on the commission in an ex officio, non-voting capacity. I point out that the Attorney General is a constitutional officeholder who has a particular role in upholding the independence of the Judiciary. He or she does not represent the Government on the new commission. The Attorney General is independent of the Government. This position has been recognised and confirmed in decisions by the Irish courts. The Attorney General also has a role in upholding the Constitution, including a duty to ensure the independence of the Judiciary. In that context, there is no reasonable basis, in my view, for removing the Attorney General from the process, or from any part of it, as the amendments propose. Consequently, I am not in favour of the amendments.

Amendment No. 10 relates section 9 of the Bill, which deals with the membership of the judicial appointments commission. The amendment proposes that a report be prepared within two years of the passing of the Bill, which will review the membership of the Attorney General on the Commission. I see little merit in this proposal. First, section 10(2) of the Bill reads, "The Commission shall be independent in the performance of its functions." Second, under section 61 of the Bill, "the Commission shall monitor and review ... the implementation of the Act" and the first such review "shall be conducted not later than 2 years after the coming into operation of this section". Following the review, "The Commission shall submit a report and recommendations" to the Minister for Justice. Third, as I have previously stated, the concern the Senators appear to have regarding the membership of the Attorney General on the commission is not shared by me. The Attorney General will sit on the commission in an ex officio, non-voting capacity. I point out that the Attorney General is a constitutional officeholder who has a particular role in upholding the independence of the Judiciary. Consequently, I am not in favour of that amendment either.