Charles Flanagan (Laois, Fine Gael) | Oireachtas source

From that, it would be logical that Government would be minded at some stage to go beyond the recommendations of the commission. What we are doing in the Bill is making a significant reform by ensuring that the names of three applicant candidates come before Government and of those one will be recommended to the President. It has not been the practice of the Government to go outside the recommendations, so that in the event of the commission receiving recommendations in an order of ranking, that unduly ties the hand of Government in its advice to the President. It is a constitutional issue.

Under the Constitution, the matter of advices or recommendations to the President or a nomination of Government is a function of Government and in accepting this amendment we would be going beyond that in a way which is constitutionally questionable.