Charles Flanagan (Laois, Fine Gael) | Oireachtas source

What we see here is a proposal to add a new instruction to the commission where it is unable to recommend any names to the Government in respect of a vacancy. The position at present where this would arise is that the commission would report to the Minister the names of all eligible people who had applied, though none were recommended by it. The Government would then exercise its constitutional prerogative, if satisfied, to so advise the President to appoint one of the eligible persons.

I am unsure whether Deputy Daly's proposal represents a solution to the issue or challenge to which she refers. It would see the commission going back into a loop, maybe even an endless loop, of quarterly attempts to fill a post until it finds someone that it deems suitable. There may be several reasons why it is not in a position to recommend at least one of the candidates.

At the end of the day, the issue of the Government's constitutional prerogative arises, against which all sections are being debated and will be consequently enacted. It may be that a perfectly suitable person has made himself or herself known to Government. That person may not have been prepared for whatever exceptional reason to apply to the commission but may become available for appointment by the Government. Anyway, I would find it too difficult to accept any change or amendment that might in any way adversely interfere with what is, a Cheann Comhairle, the constitutional prerogative of Government.