Oireachtas Joint and Select Committees
Wednesday, 28 June 2017
Joint Oireachtas Committee on Justice, Defence and Equality
Court of Appeal Appointment: Discussion
4:40 pm
Charles Flanagan (Laois, Fine Gael) | Oireachtas source
I can categorically state, in my own knowledge, that I was not party to any discussions, nor could I expect to be. Again, I come back to the constitutional and legal point that the manner in which these appointments are made - under current law and under the current Constitution - is on the advice of Government to the President as to the appointment of a person who is deemed after due consideration to be both qualified and eligible. This is the key issue here in terms of the decision-making process. If the law wishes to be changed in that regard, I too am a Member of the Legislature and there are issues that may have to be addressed in the wider arena of a constitutional referendum, but it is something over which I do not have any immediate control. It may be an issue that this committee, at a future date, might engage in by way of recommendation to Government or Parliament or otherwise. I am satisfied that I and my Government colleagues act within the current law and that we have acted in a manner which is entirely consistent with the law as is currently stated.
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