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Dáil Éireann Vol. 954 Tuesday, No. 1 20 June 2017 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 20/06/2017H01400Appointment of Members of Government and Ministers of State � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 13 20/06/2017J00200Order of Business � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 15 20/06/2017P00500Industrial Relations (Defence Forces) (Amendment) Bill 2017: First Stage � � � � � � � � � � � � � � � � � � � � � � � � 24 20/06/2017P01300Waste Reduction Bill 2017: First Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 26 20/06/2017Q00800Ceisteanna - Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 28 20/06/2017Q00850Brexit Issues � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 28 20/06/2017S00700Brexit Issues � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 33 20/06/2017V00100Priority Questions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 41 20/06/2017V00150Action Plan for Rural Development Implementation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 41 20/06/2017W01450Commemorative Events � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 44 20/06/2017X00150Arts in Education Charter � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 46 20/06/2017Y00200Film Industry Tax Reliefs � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 49 20/06/2017Y01000National Monuments � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 51 20/06/2017Z01000Message form Select Committee� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 53 20/06/2017Z01200Topical Issue Matters � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 53 20/06/2017Z01400Ceisteanna - Questions (Resumed) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 54 20/06/2017Z01500Other Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 54 20/06/2017Z01750Post Office Network � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 54 20/06/2017AA02200Commemorative Events � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 58 20/06/2017CC00250Wild Fires � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 61 20/06/2017DD00550National Monuments � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 63 20/06/2017EE00400Topical Issue Debate � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 66 20/06/2017EE00450Parking Regulations � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 66 20/06/2017FF00300Hospital Accommodation Provision� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 69 20/06/2017GG00300Military Neutrality � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 20/06/2017HH00350Waste Disposal� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 74 20/06/2017JJ00700Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions � � 77 20/06/2017QQ00100Health and Social Care Professionals (Amendment) Bill 2017: Order for Second Stage � � � � � � � � � � � � � � � � 90 20/06/2017QQ00500Health and Social Care Professionals (Amendment) Bill 2017: Second Stage� � � � � � � � � � � � � � � � � � � � � � � 90 Trade and Foreign Direct Investment: Motion [Private Members] � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 97 DÁIL ÉIREANN Dé Máirt, 20 Meitheamh 2017 Tuesday, 20 June 2017 Chuaigh an Ceann Comhairle i gceannas ar 2 p�m� Paidir. Prayer. 20/06/2017A00100Leaders’ Questions 20/06/2017A00200Deputy Micheál Martin: Last week in my speech on Deputy Varadkar’s election as Taoise- ach, I raised the question of the appointment of the former Attorney General, Ms Máire Whelan, as a judge to the Court of Appeal. I said then that if the Taoiseach wished to do more than just talk about changing politics, he had an opportunity to do so in the context of this squalid ap- pointment. I asked that the Taoiseach address the controversy and explain to the Dáil what and when he knew about it because this appointment was the first in nearly a quarter of a century that a former Attorney General was appointed in such a manner. It was without precedent since the enactment of the 1995 Act. In fact, it circumvented that Act and as the editorial in the Irish Independent today stated, “Whatever about the letter of the law ... the spirit of the law certainly wasn’t adhered to.” The former Attorney General attended the Judicial Appointments Advisory Board, JAAB, meeting in May and knew from that meet- ing that the essential criterion was that the person to fill that vacancy should be a High Court judge with experience in such high level judicial matters. The former Attorney General never indicated to JAAB that she had an interest in the vacancy; she should have. There was no documentation in advance of the Cabinet meeting and no notice to Ministers that such a contro- versial appointment was to be made. It was slipped in at the last minute of the last meeting of the outgoing Cabinet� Incredibly, the former Attorney General failed to absent herself from the meeting when her appointment was proposed by the outgoing and incoming Tánaiste, who was central to all this. The meeting, apparently, burst into applause. This was an insider appoint- ment and it stinks to high heaven. The controversies in which the former Attorney General was involved, particularly that relating to the damning findings made in the Fennelly report, were ignored in the consideration of the applicant’s suitability� No one was told by the Tánaiste that three High Court judges had applied. Who were they? Were their applications considered seriously? No, they were not. To add insult to injury, the Taoiseach decided on Sunday evening, with indecent haste, to instruct the President to appoint the following morning to pre-empt accountability to the Cabinet. Two Ministers had indi- 2 20 June 2017 cated that they wanted a review, namely, the Minister for Transport, Tourism and Sport, Deputy Shane Ross, and the Minister for Communications, Climate Action and Environment, Deputy Denis Naughten� The Taoiseach also did it to pre-empt accountability to this House� In so do- ing he arrogantly dismissed the concerns of his Cabinet colleagues and arrogantly ignored the imperative on him in terms of accountability to the House in this appointment. Prior to making it, the Taoiseach also failed to respect those who had facilitated his election as Taoiseach. I have some specific questions for the Taoiseach which I will put quickly. 20/06/2017B00200An Ceann Comhairle: The Deputy is out of time� 20/06/2017B00300Deputy Micheál Martin: When was the Taoiseach told specifically that this appointment was to be made? Did the Tánaiste alert him, as incoming Taoiseach, that she was bringing forward this appointment? He said yesterday that he had regrets. Why did he not stand up and resist the appointment at the time it was put to him and in the manner it was so put? Would he do it all over again? 20/06/2017B00400The Taoiseach: First, I refute absolutely any suggestion that I instructed the President to do anything of the sort. I understand there was a story in one of the newspapers this morning that is not true and is without foundation. The arrangements made for the appointment of Ms Jus- tice Whelan were made by officials in accordance with the long-standing procedures to confirm three judges, one being Ms Justice Whelan and the others being two judges of the High Court. There was no question of any pressure being placed on the President to make the appointment on a specific date. My only involvement was to indicate availability in my diary to attend the ceremony. As Deputies will know, over the years it has been commonplace for judges to be confirmed by the President, sometimes within days and usually within a week or two. Ms Justice Whelan is uniquely qualified for the role she now holds. She is a barrister with decades of experience. She was Attorney
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