Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

There is a slight difference between the old regime and what is proposed under the new regime. Under the old regime, there would be occasion when the Judicial Appointments Advisory Board would not make a recommendation of names to Government because it could not recommend sitting judges. For example, let us suppose there was a vacancy on the Supreme Court or the Court of Appeal and the Judicial Appointments Advisory Board was of the opinion that the vacancy should be filled by a sitting judge. In that situation, the board would not make a recommendation to Government. In a way, that could be interpreted as a message being sent. However, under the new legislation, any judge who wishes to apply must go through the commission process. It is slightly different.

I am not really providing any definitive clarity on my attitude to the amendment but it is a point that deserves to be made because a different issue arises. The point being made by Deputy Clare Daly's amendment is that if the commission does not find an individual to recommend, then it would be required to go back through the process again. There is benefit in that. Otherwise, if the Government does not get a recommendation, it could simply decide to nominate someone.