Clare Daly (Dublin Fingal, Independent) | Oireachtas source

This is unfortunate because this is the heart of the Bill and it is the eleventh hour of the Committee Stage. That is regrettable because this whole debate has been cloaked in that it is about wresting from the Government the power to make judicial appointments. We are supposed to be here to take that away from it and exercise more democratic accountability. That is how this Bill has been sold to the public. However, the Minister is saying we cannot do that constitutionally, so this is just a puff of smoke.

The Minister said that constitutionally the Government cannot be fettered in its choice. That is not true. The Government is fettered in its choice by the law. I would love to be a judge but I cannot be appointed as one because I am not a barrister or solicitor. There are criteria there. Putting in a criterion saying a person can be appointed a judge only if he or she is nominated by the Judicial Appointments Commission is no different from putting down any other requirement in law. That is all it is. The power to advise the President still remains with Government. However, its choices are fettered all the time in law. We were sold the idea that was what we were doing here, that is, that we were trying to fetter the Government's hand in this. That is the whole intention. I do not agree with the points being made.