Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I would be very concerned at any departure from the current legal position, as outlined in particular by the Judicial Appointments Advisory Board regime. I know we are making substantial and significant changes to the manner in which judges are appointed, but we are not asking the people to change the Constitution and Articles 35 and 39 of the Constitution are quite clear that the President appoints members of the Judiciary on the advice of Government. If Government is to be bound by recommendations of a type that will follow this amendment, then we are significantly altering what is the prerogative of Government under the Constitution, advising the President.

Let me reiterate that this matter has been considered in the context of this very point and there has been a marked reluctance on the part of judges, the advisory board and Government to reform matters in such a way as to be constitutionally problematic. I cannot accept this amendment. I would foresee an opportunity for a very strong constitutional challenge in the event of there being a party to this process who may have been ranked in a position that appeared more favourable than that included in the recommendation of Government. This is an important legal and constitutional issue. In view of that, I am not prepared to accept this amendment.