Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The advice of the Government is clear. There are constitutional consequences, particularly in the context of amendment No. 134 in the name of Deputy Wallace. If that was included in the Bill, it would direct the Government on the matter of a nomination or a recommendation. That is where there is a constitutional difficulty and issue. I acknowledge the reference to the Constitution by those here. It is important we are mindful of it. The Government decided not to seek a change in the constitutional position and not to refer this issue to the people but to reform significantly the legislation by way of statutory enactment of a Bill. It is important we do not go beyond what is constitutionally acceptable in the matter of the appointments.

I repeat that any attempt on the part of the Legislature to interfere with the constitutional position of Government on the appointment of judges would have consequences of a constitutional nature. Reference was made to the policing issue and the appointment of the Garda Commissioner, which is, of course, under way. Without digressing, let me say the recommendation forthcoming, under the law, from the Policing Authority is open to the Government to accept or reject. However, the difference with Deputy Wallace's amendment is that choice would be removed from Government in a way that is conflicting with the Constitution.