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Seanad
‹ Order of Business

Judicial appointments and legislation

Summary

Senator Boyhan raised concerns about judicial appointments, the Adoption Bill, and local government legislation, saying the promised judicial council had been lost from the debate.

I want to raise three issues - the appointment of judges, the Adoption Bill and local government legislation.

In The Irish Times today and other media we see copies of correspondence and reports on the Government's plans to make appointments to the Judiciary. Some points need to be made on this important matter. Senators will be aware that this House passed a motion and that the Tánaiste and Minister for Justice and Equality gave an undertaking on the establishment of a judicial council, but that seems to have been lost in the debate. We do not know what the Tánaiste plans to do in that regard. I am conscious of the separation of powers between the Executive and the Judiciary, which is important for all of us to bear in mind. The Judiciary has served the country with absolute distinction. Articles 34 to 37, inclusive, of the Constitution which we all value clearly regulate how the process for making judicial appointments is operated. The President appoints judges on the advice of the Government. In practice, the decision to appoint judges is ultimately made by the Tánaiste and Minister for Justice and Equality. Although there is cause for concern, I accept that it is not the Minister's intention to cause offence or disrespect to the Judiciary. However, that is what is being picked up on and it is the message that is coming across strongly in all of t he reports on these matters. To suggest the Chief Justice could not be chairperson of a judicial appointments commission is stepping over the line. It is an absolute attack on the Constitution which we have a role in defending. The matter needs to be examined. I ask that the Tánaiste and Minister for Justice and Equality attend the House to explain the rationale and where her proposals stand. More importantly, she should discuss the proposal to establish a judicial council. The Chief Justice has repeatedly made a strong and cogent case to have such a council established. We need to have further discussion on the matter.

On the two other issues, it is my understanding - I would like the Leader to clarify this - the Minister for Housing, Planning, Community and Local Government is to attend the House on 8 February to make a statement on a number of matters related to local government and local councils.

Will the Leader clarify if that is the case, as I have had it confirmed by another source?

Will the Leader indicate when the next Stage of the Adoption (Amendment) Bill will be taken? The Minister for Children and Youth Affairs, Deputy Katherine Zappone, came to the House the other day for a good conversation and engagement on Second Stage when every speaker made a meaningful contribution.

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