Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I cannot accept these amendments for reasons we discussed on a previous occasion regarding the constitutional imperative on the part of the Government on these issues, with particular reference to the appointment of members of the Judiciary. Amendment No. 157 would require a proposed new subsection (2), the publication in Iris Oifigúil of a reasoned written explanation of any decision. In addition, under the proposed new subsection (3), the persons who are recommended by the commission must not be identified in such publication. My difficulty is that the amendment would require the Government to explain in writing the hows and wherefores of why, in any particular instance, the advice given to the President in regard to an appointment may concern a candidate other than the one actually recommended by the commission. It, therefore, puts a clear onus and responsibility on the Government to justify actions taken on foot of the exercise of what is a constitutional provision. There is that problem but aside from that, I am not sure what the value or benefit of such an amendment might be, and what its practical impact might be in terms of fairness to all those involved in the process, be they a recommended candidate or a candidate that did not make the cut. I note what Deputy Ó Laoghaire has said, that it is a desire on his part for increased transparency around the process of how, in what circumstances and in what way the Government would advise the President as to the appointment. I have said this before and rather than delaying the committee's proceedings, I reiterate that my position is the same. As a fundamental position, I cannot support any amendment that might give the impression or be perceived to undermine what is a clear constitutional prerogative on the part of the Government in the matter of judicial appointments.

Similarly, on amendment No. 160, I see it as compromising, interfering or even undermining the manner in which the constitutional position, where the Government is free to reject the recommendation of the commission.