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Seanad
‹ Order of Business

Judicial appointments and legislative programme

Summary

Senators raised exclusion from the health committee, the need for more legislation, and concerns about the judicial appointments process and reported vetoes. The Leader responded that a new transparent process was being established and appointments would proceed urgently if needed.

Will the Leader confirm if Senators such as Senators James Reilly, Keith Swanick and others who have an interest in health matter will be included in the committee from which they have previously been excluded? I hope they will be because it would be appropriate. There are not too many with the professional expertise of Senators such as Senators James Reilly and Keith Swanick who I am sure would be able to add to the committee. I hope the Leader will ensure the Seanad will be represented at that health forum.

To date, in terms of the legislative programme, the schedule of business has been very long on statements and motions and very short on legislation. Last week we put the House on notice that we would be seeking to have the Corporate Manslaughter Bill included in next week's schedule of business and that, if it was not accommodated, we would propose an amendment to the Order of Business every day. The Bill was recommended by the Law Reform Commission in 2005, only 11 years ago. It is badly needed and would have prevented many tragic deaths in recent years had it been passed. There would be consequences for those who did not do their jobs or failed to act when they should have. In the past three weeks, since the Seanad resumed, 33 hours have been spent on motions and statements, while only eight hours and 15 minutes have been spent on legislation. It could not be said we are doing our job as a legislative body. If someone were to accuse this House - the other House is not much better - of being a talking shop, it would most certainly be because legislation was not being brought through. If we examine the number of Bills on the Order Paper, Fianna Fáil has only two fewer than the Government.

Comment on this
David P.B. Norris Senator David Norris Independent

What is wrong with being a talking shop? It is a parlement, that is, a parliament.

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As it is a legislative body, legislation should be a priority.

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David P.B. Norris Senator David Norris Independent

It is also supposed to be-----

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Denis O'Donovan An Cathaoirleach Fianna Fáil

Through the Chair, please.

Comment on this

There are Bills that should be and have been brought forward, but they have not been taken. Justice delayed is justice denied. When it comes to judicial appointments, the Independent Senators have a motion on the Order Paper which will be discussed and voted on tomorrow. However, judicial appointments are being delayed and denied by one man who is unable to get buses and the Luas moving on certain days. He is now bringing the entire judicial system to a standstill because he wants things to be done his way.

With his process, it will take months, if not years, for some judicial appointments to get through the system. We ask the Leader to support our legislation when it is brought into this House. It has been launched today and we hope it will reach the Seanad in the new year, but with the Government's support, it could arrive before then. We want judicial appointments to be made not because the Minister is trying to block the provision but because Fianna Fáil is trying to get the job done. If we work together, we will have the judicial appointments made that are badly needed. According to the Chief Justice of the Supreme Court, not Fianna Fáil, we need to get judicial appointments through the system. If it keeps going the way the Minister wants it to go, it will take ten years for some cases to get to court. I ask the Leader to confirm that we will have some legislation, especially that proposed by the Law Reform Commission, in the House next week.

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I wish to raise the same issue because there is a need for clarity. In two national newspapers today major concerns were expressed about judicial appointments. Last week the Minister for Justice and Equality was in the House and, in fairness to her, she indicated that she would bring forward some reforms. Having a veto on judicial appointments is wrong and constitutionally questionable. We are now in a situation where a Minister has told the public and the political system that he has received a cast iron commitment and has an agreement with the Government. This raises serious questions about the separation of powers and the overlap in this matter. Tomorrow we will debate a Private Member's motion on the establishment of a judicial council. I do not want to spend all of the time allotted to me talking about this issue, but, clearly, it has reached the heights of being mentioned in the national press and forms part of the editorial in today's edition of The Irish Times. We need the Minister for Justice and Equality to come into the House for a debate on it. I understand she will not be here tomorrow but that her Minister of State will be. I want her to clarify the position once and for all. I want to know whether there is an agreement in place. No Bill and no memo have been prepared for pre-legislative scrutiny at the Joint Committee on Justice and Equality. From where is all of this coming? It is clear that there are issues in the courts, particularly in the hearing of appeals for which there is a shortage of judges. Senator Mark Daly was right when he said justice denied was justice delayed and vice versa. We cannot have a situation where people are queuing up to have appeals heard, yet there are no judges available to hear them. This is about the Judiciary and the separation of powers. It is imperative that the Minister come to the House tomorrow to clarify the position or issue a statement on the current position. I want her to clarify if there is an agreement that the Minister for Transport, Tourism and Sport and the Independent Alliance state they have. Both matters must be clarified because the country is facing a potential judicial crisis within the next few days.

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