Mick Wallace (Wexford, Independent) | Oireachtas source

The aim of the removal of the section, and the amendment to remove section 46 later on, is to ensure that all applicants for all judicial appointments must go through the formal application process, which requires the commission to advertise rather than undertake the expressions of interest process envisaged in section 46 when "the judicial office of Chief Justice, President of the Court of Appeal or President of the High Court stands vacant" - in other words, the most senior positions. The expressions of interest process under section 46 provides that the Minister convenes a sub-committee of the Chief Justice, the chairman and the Attorney General, and their job is to select and recommend three names for these vacancies. There is no public advertisement process. Section 46 states that "the Minister shall request the Commission to seek expressions of interest on the part of eligible persons...". I believe this allows too much scope for a non-transparent and selective approach since it leaves it to the commission to approach eligible persons.