Seanad debates

Wednesday, 17 May 2023

Judicial Appointments Commission Bill 2022: Report Stage (Resumed) and Final Stage

 

10:30 am

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

In order for the House to understand the impetus behind these three amendments, it is necessary to look at section 13 in its entirety. Section 13(1) states:

The Minister shall from time to time as required, request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Minister persons whom it is satisfied are suitable for appointment as lay members.

That is the test that the Judicial Appointments Advisory Board performs at the moment. It selects people who are suitable for appointment as judges.

Section 13(2) states:

Upon receipt of a request under subsection (1), the Public Appointments Service shall undertake a selection process and subject to subsection (3) recommend to the Minister, from among the persons who participated in the process, those persons whom it is satisfied are suitable for appointment as lay members.

As matters stand, it does not actually appoint or select the lay members from the people who applied. It is simply saying that these people would be suitable for appointment by the Minister. This is relevant because-----

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