Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I move amendment No. 139:

In page 31, between lines 28 and 29, to insert the following:“(3) If the Commission cannot, in accordance with this Act, recommend to the Minister any names of persons to fill a judicial vacancy, it shall invite, through means of advertisement, the making of applications by persons to be considered for selection, that is for their being selected to be the subject of a recommendation for appointment to judicial office, at three-monthly intervals until such time as the Commission is satisfied, subject to section 37and section 38, to recommend at least one person to the Minister to fill the judicial vacancy concerned.”.

I will be brief. This amendment is slightly different. It deals with the situations where the commission cannot in good conscience recommend any applicants to the Government for appointment. This is what we are dealing with.

At present, the Bill provides for the commission to send on the names and résumés to the Government and the Government gets to pick whoever it likes. We were told the whole reason behind the Bill was to avoid that type of situation.

My amendment provides that if the commission believes there is no one who it could in good conscience recommend, then I do not think anyone on the list should end up as a judge. The amendment provides for re-advertising the appointment within a three-month period. I imagine the circumstances would be rare but I believe we need the provision. Otherwise, it is simply a free-for-all for the Government and it can pick whoever it likes. That is what we are supposed to be moving away from.