Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I support this amendment. I think we need to recall that sections 42, 48 and 50 are the most important parts of the legislation. We have spent hours talking about, and there is a large number of sections on, the make up and functions of the commission. Ultimately, what we need to recognise is that the reason we are setting up the commission is so that it can make a recommendation to Government based on its expertise. At present, having gone through all the palaver of having many different groups represented on the commission, ultimately what they are being told to do is to give the Government three names for any one judicial vacancy. The Government is then in the position to pick any one of those three names or indeed it can pick any person who has not been recommended to it. The only consequence for the Government if it does not pick one of the three names is that it simply has to publish in Iris Oifigiúil that the candidate appointed was appointed pursuant to the Act and was recommended by the commission. That is the only downside, that is the function of it. I do not think that is sufficient.

In my Bill, I had a requirement that if the Government is not going to accept the recommendation of the commission that it should have to give a reasoned explanation as to why it was departing from the recommendations of the commission, without, of course, identifying any of the individual involved.

It is worthwhile that the names are ranked. Why not do so? The Government still has the constitutional power to appoint whoever it wishes. The fact that the names are ranked does not interfere with that constitutional power. If they are listed one, two and three, the Government can go for candidate three and, if needs be, it can state that the person appointed was recommended by the commission.

I support this amendment.