Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I believe the Minister has proven my point in some ways. He said that if a good person was out there who became available for Government but did not make him or herself known to the commission, then the Government could hand-pick that person. However, if a good person was out there, he or she could be nominated within the three months when the commission re-advertises. That person, presumably, would come forward. If the person was that good, presumably, the commission could recommend him or her.

At the moment, the Bill provides that if the commission cannot recommend anyone, it sends the entire list to Government. The Bill is silent on what happens next. Basically, members of the Government can throw their eyes over and decide all those on the list are crap and opt to get someone else or they might decide the names on the list are not great but decide to take one of them anyway.

I imagine these situation are rare. To be honest, if the commission cannot recommend anyone, no one on the list should end up as a judge. It is perfectly reasonable to say the position should be re-advertised. Let us suppose the Government or some other body believes a great candidate has become available. Let us suppose, for example, that Deputy Jim O’Callaghan has become available. Then they could ask him to apply to the commission and let the commission test him. I am actually more convinced about it now.