Written answers

Tuesday, 17 April 2018

Department of Justice and Equality

Judicial Appointments

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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485. To ask the Tánaiste and Minister for Justice and Equality if he or his officials have concerns regarding the Judicial Appointments Commission Bill 2017; and if he has met or spoken with the Taoiseach on same. [15078/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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A significant number of amendments originating from opposition parties were made to the Bill as passed by the Select Committee on Justice and Equality.  Many of the changes made at Committee Stage are a matter of concern because the Bill as amended has a large number of inconsistencies and anomalous provisions which make it unworkable from a practical point of view or unacceptable from a legal/constitutional point of view.One particular area of concern is a series of Committee Stage amendments which had the effect of removing the 'relevant committee' structure under the Commission, a mechanism to ensure membership on the part of all court Presidents in the selection of judges for their own courts. The removal of the relevant committees thus removedthe presidents of the Circuit and District courts from membership of the new Commission processes.

I have briefed the Government in relation to these matters and secured Government approval to bring forward a number of Report Stage amendments accordingly.I am confident that they will repair the various deficiencies and enable the Bill to progress its passage through the Houses, with the benefit of positive cross-party engagement and cooperation.

It is also important to point out that the changes I am introducing should, having regard to the recent comments ofthe European Commission, have the effect of restoring a substantial judicial presence into the selection processes of the Judicial Appointments Commission.

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