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Judicial Appointments.

Dáil Éireann Debate, Thursday - 8 July 2004

Thursday, 8 July 2004

Ceisteanna (65)

Jim O'Keeffe

Ceist:

58 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will correct the record of Dáil Éireann in respect of the conflicting information given in the reply Parliamentary Question No. 179 of 3 June as compared with the reply to Parliamentary Question No. 537 of 15 June and its accompanying side letter; the position regarding the person’s nomination, appointment or otherwise; and if he will make a statement on the matter. [20594/04]

Amharc ar fhreagra

Freagraí scríofa

I do not accept that conflicting replies were given to the two parliamentary questions. It was never my intention to give less than full answers to them.

The first question on 3 June asked if a particular person had, prior to his appointment as a judge, "been previously appointed as a member of any State agency, board, committee, or similar posts." I answered that the person had been appointed by my predecessor as a member of the Refugee Appeals Tribunal on 3 August 2001.

When I answered that question it had not been drawn to my attention that my predecessor had also nominated the person to a panel from which the Garda Commissioner can appoint a chairperson of a board to hear an appeal in a Garda disciplinary matter. If I had been made aware of that nomination I would have mentioned it in my reply even though the person concerned was never appointed as a chairperson of a disciplinary appeal board.

When the Deputy asked a further question on 15 June, inquiring whether the person concerned had been appointed as a member of a Garda Síochána Complaints Appeal Board, the information on the previous nomination came to light and was brought to my attention. I immediately wrote to the Deputy, in advance of my reply to this question, to give him the information, whether or not it was technically comprehended by the previous question. I did this in the interest of full disclosure and with the objective of addressing the spirit and not simply the letter of parliamentary questions.

As to the details of the nomination of this person to the panel in question, and As I explained both in my letter to the Deputy and my reply to the question on 15 June, the person was not appointed chairman of any appeal board. He automatically ceased to be on the panel when he was appointed a judge in November 2001.

Question No. 59 answered with QuestionNo. 19.
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