Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Amendment No. 128 strays outside the structure of the Bill. Let us see what we can do between now and Report Stage. I am rather conscious of the need to ensure that the constitutional prerogative of Government is at all times preserved and in no way interfered with in a way that might give rise to some difficulty.

I remind the Deputy that I know of no relevant circumstance in recent years since we have had the Judicial Appointments Advisory Board process. The process is such that there is an annual advertisement or invitation for people to express their interest to make an application. That tends to form a process that is not unsatisfactory. I know of no case where the Government decided that each and every person on a list does not accord with what the stated intention of the Government might be in its relationship with the present. We will have another look at it, but I am conscious of the constitutional position.