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Seanad
‹ Order of Business

Victims, judges and judicial debate

Summary

The Leader responded to the early contributions, outlining the victims of crime office and saying he hoped a debate on judges would happen within weeks. He told McDowell he would revert after Cabinet and McDowell accepted that timetable.

Denis O'Donovan An Cathaoirleach Fianna Fáil

Before calling the Leader to respond, I welcome a public representative, Councillor Crowe, to the Visitors Gallery. I wish him a successful stay. I thought he might be up for the match, but he is not a Mayo man.

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I also welcome Councillor Crowe to the Visitors Gallery. I am sure he will be swamped afterwards by his electorate.

I thank Senators for their contributions on the Order of Business. A total of 18 Members spoke and raised matters of importance.

Senator Catherine Ardagh referred to victims of crime. There is a Victims of Crime Office and the Tánaiste and Minister for Justice and Equality has published the heads of the Criminal Justice (Victims of Crime) Bill which is included in the programme for Government. They were published in July 2015. In addition, we have seen a 21% rise in the budget to fund services for victims of crime. Senator Catherine Ardagh has raised an important matter and I look forward to having the Bill before the House.

Senators Michael McDowell, David Norris, Paul Coghlan and Gerard P. Craughwell raised the issue of judicial appointments. I cannot accept the amendment proposed by Senator David Norris for one practical reason - the Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, is not available today as she is taking the Order of Business in the Lower House. Second, she will also be tied up during voting time in the Dáil this afternoon. However, the matter of judicial appointments is important. I agree fully with Senator Michael McDowell that it is one which should be the preserve of the Executive. Such appointments should be fully independent of any part of the Oireachtas. As Senator Paul Coghlan said, there is the Judicial Appointments Advisory Board. As Members of the Upper House, it is important that we allow the discussion at the Cabinet table to continue, but I am not afraid of having a debate on the issue because I share Senator Michael McDowell's view. I also agree with Senator David Norris' proposal that we have that discussion at the earliest opportunity. However, I share the view of both Senators that it would be premature to have that debate now because we do not have the full facts and there has been no Cabinet memorandum or decision taken yet. It is important, therefore, that we allow the Executive the power to appoint. According to the note on the Cabinet's discussion this week, it was agreed that the Government could reserve the right to appoint members to whatever positions came up. However, I agree fully that we cannot be at a standstill in the making of appointments to the Judiciary. The debate should take place, but I appeal to Senators' better nature to wait and agree not to have it today. I will arrange such a debate at the earliest opportunity, but it would be a little premature to have it today.

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David P.B. Norris Senator David Norris Independent

On a point of order, I remind the Leader that I specifically said the debate should take place even in the absence of the Minister, Deputy Frances Fitzgerald.

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To be fair, I am trying to be collaborative.

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Denis O'Donovan An Cathaoirleach Fianna Fáil

As the Leader has made his point, we will let the Order of Business unfold.

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In having the debate it is important to have the full facts and not to have them at half-time.

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Will the Leader indicate the timeframe he is contemplating? I agree that it would be preferable for the Tánaiste to be here, but it is not essential. Will the Leader indicate whether we are talking about one week or one month?

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I am hoping it will take place in the next couple of weeks. I am not a member of the Cabinet, but it is my understanding there will be another discussion next week. I might be wrong, but let me see what happens after the Cabinet meeting next week. I will come back to Senators Michael McDowell and David Norris on the matter.

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I am agreeable to that proposal.

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