Charles Flanagan (Laois, Fine Gael) | Oireachtas source

With reference to the position of the Minister, the Deputy is aware that this was the subject of debate at the pre-legislative scrutiny phase and there was reference to the Minister in the general scheme that is no longer evident. The existing section 46 procedure involves the setting up of an advisory committee consisting of the Attorney General, the chairperson of the commission and the most senior available appropriate judge who is not an applicant to seek expressions of interest and make a recommendation on the three names to the Government. The amendment seeks to transfer this expressions of interest process to the commission and requires the commission to rank its recommended candidates. Where there are no recommended candidates, the expression of interest process is to be re-run on quarterly intervals as mentioned.

I stress the importance of the special advisory committee procedure in respect of these top posts. This was designed to take these three posts and their very special and important requirements out of the mainstream commission process, while at the same time ensuring the commission was present in the process via the chairperson. There are considerations at play to ensure those people who would be the very best candidates for these top jobs would not be deterred in any way from putting their names forward. I have already mentioned and must stress again the constitutional prerogative of the position of the Government. I have already mentioned the three-month loop that I understand is being inserted in the Bill in any event.

The critical positions of the Chief Justice, the President of the Court of Appeal and the President of the High Court cannot be left in this loop type of arrangement. We cannot envisage a case in which these positions remain vacant for extended periods. That is why the concept is to have a special requirement, having regard to the seniority of the positions. I am minded to listen carefully to the views and I do not really have a closed mind to these special procedures. Nevertheless I see difficulties with leaving these matters of import to the mainstream commission process.