Seanad debates

Tuesday, 4 July 2023

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

 

1:00 pm

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

We always have to think ahead, but statute never knows who or what Minister will be in place when legislation is being passed through. However, we do have to try to plan for potential eventualities if for no reason other than a date is set with every intention that the names were to go before the Houses. That is an option available to me, as Minister, or to any other Minister who operates this.If something were to happen such that it was not possible for those names to go before the Houses of the Oireachtas prior to the date that had been set for the old guard, shall we say, to stand down, there could be a gap where there would not be a commission in operation. Again, this is to provide options; it is not to say it is the approach that would be taken. In the same way that one cannot plan for whoever might be in office or what decisions might be taken, however, one should always, with legislation, try to plan for every potential option or scenario that may arise. Again, that is not to say this is the route that will be taken. Section 13(5) clearly states the Minister shall appoint lay members through the Public Appointments Service. It is a well established and respected service where individuals go through a rigorous process and names are provided to the Minister of the day or the organisation that seeks those recommended names. It is a system and process that is trusted. There is a process here but the purpose of the subsection is to allow for a potential scenario where it is not possible to bring the names before the Houses before the designated date. That is not to say that is what absolutely must happen here.

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