Judicial Appointments Bill and GRECO
Senator Bacik proposed that Committee Stage of the Judicial Appointments Commission Bill be delayed until the GRECO report is published, arguing the House should not legislate in the dark. She was strongly supported by other Senators who said the report should be seen before proceeding.
I propose an amendment to the Order of Business that we would not take Committee Stage of the Judicial Appointments Commission Bill 2017 today. On behalf of the Labour Party group, I seek to put forward again the position that Senator Humphreys and myself put forward last Thursday that Committee Stage of the Bill should not be taken until we have sight of the as yet unpublished report that touches on the Bill from the Council of Europe's Group of States against Corruption, GRECO, because we need time to see what GRECO has said and to hear the response of this Government. I endorse the very strong words uttered by Senator Boyhan. He criticised the way this Bill has been approached in the Seanad.
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The approach has made a mockery of the legislative process. We are being asked to legislate in the dark without sight of a report, significant excerpts of which have already been leaked into the public domain. I want to refer colleagues who may as yet be undecided as to what way they will vote on our amendment to four points that were raised in the GRECO report.
First, GRECO expressed the point that while the Government says there have been in-depth consultations with the Judiciary, conversely the Judiciary says that there have not been such consultations. Second, GRECO has said it has significant concerns about the composition of the judicial appointments commission, as proposed in the Bill. Third, GRECO claims that the Government's proposal is not in line with European standards. Fourth, GRECO has urged the Government to reconsider this matter in order to limit the potential risks of improper influence from the Executive or political power over the appointments process to the Judiciary, or any perception thereof, and to do so in close co-operation with the judicial authorities.
Instead of this considered approach to much-needed reform of judicial appointments, legislation is being rammed through subject to Whips and late night sittings. This is not good legislation. It is not in keeping with what the Government describes as the best part of new politics. It has been proposed to debate the Bill until 11 p.m. tonight and, again, indefinitely into tomorrow night but this is simply unacceptable. As many as 111 amendments have been tabled, including a significant number from the Government. My party has tabled its own amendments without prejudice to the amendment that we seek to have passed by the House today. I repeat that this is not sound legislation. The first thing that we need to do is see the GRECO report and hear what the Government proposes to do-----
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-----to respond to these very serious criticisms-----
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-----by the Council of Europe's Group of States against Corruption, GRECO.
Finally, I agree with Senator Boyhan that the Minister for Transport, Tourism and Sport would be the first person to jump up and down in disgust if a Government, of which he was not part, tried to bring about much-needed reform in this extremely misguided and ill-conceived way. I urge colleagues to support my amendment to the Order of Business that calls on us not to take Committee Stage of the Bill today.