Independent Senators filibuster Shane Ross’s judiciary Bill

A group of Independent Senators has succeeded in pushing back debate on the Judicial Appointment Commission Bill for a week as part of an ongoing filibuster of the controversial legislation.

Senators supported an amendment tabled by Senator Michael McDowell, a leading opponent of the Bill, to postpone the three-hour debate scheduled for Tuesday evening.

The Bill, championed by Minister for Transport Shane Ross, proposes a lay majority on the Commission which will select judges. Mr Ross has argued the Bill will end what he describes as “cronyism” in judicial appointments.

To date, there has been over 70 hours of debate during Committee stage in the Seanad with those opposed to the Bill vowing to continue to filibuster the Bill. Mr McDowell, Victor Boyhan and Gerard Craughwell have at least 50 amendments tabled for the remainder of Committee stage in the Upper House.

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Mr McDowell’s amendment was passed by a margin of 25 to 15 by the Upper House with Mr McDowell proposing an alternative of Minister for State for European Affairs Helen McEntee attending to discuss Brexit.

Fine Gael Seanad leader Jerry Buttimer, who vigorously opposed the change, told the House Ms McEntee was not available and was adamant he would reintroduce the Bill on every working day.

One Senator, who spoke on condition of anonymity, predicted there would be a “fight to the death” between both sides.

Fine Gael has been under considerable pressure from Mr Ross to complete the Bill, the progress of which has been stalled in both the Dáil and the Seanad. Minster for Justice Charlie Flanagan reportedly told colleagues at a Fine Gael parliamentary party meeting last week that Mr Ross had his “foot on my neck” over the Bill.

The decision on Tuesday came after a row over the scheduling of the debate. The business committee of the Seanad last week decided the Bill would be debated on February 9th. However, the Government decided to reintroduce the Bill for debate this week, despite the protests of Opposition Senators.

“We have spent an inordinate amount of time on the committee stage [OF THE BILL)]. I understand there are sincerely held views. But on the other hand there are those who are engaged in a filibuster,” said Mr Buttimer.

A total of 86 sections of the 111 Section Bill have been progressed in the Seanad, and that includes the substantive provisions of the legislation.

The Government could consider the use of a guillotine in the debate but does not enjoy a majority to apply it in either House. Sinn Féin has supported the legislation but all other parties, and most Independents, have opposed the Bill.