Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Given that I do not have the facts within my own knowledge, nor would I expect to have them within my own knowledge, I very much regret that I am not in a position to state what did or did not happen between the dates mentioned by the Deputy. However, in fairness to the Tánaiste and Minister for Justice and Equality I can point to an answer she gave in the House when she was asked if she had discussed the vacancy in the Court of Appeal with the former Attorney General prior to 23 May. She stated categorically that she did not discuss the vacancy and I accept that statement.

On the matter of forming assumptions, in the circumstances it would be unwise and unfair to the process if I were to make any assumptions about issues that may or may not have happened other than to say once again that practising barristers who are not already members of the Judiciary have been appointed in the past to the superior courts.

The Government, and I as a member of Government, were concerned about the matter of availability and eligibility to serve and about the question of qualification. I was satisfied that, in the discharge of my duties and in the circumstances, both of these conditions were adequately met.