Helen McEntee (Meath East, Fine Gael) | Oireachtas source

My understanding of the amendments is that there is no reference to removing the Attorney General in either of them. The Attorney General advises the Government but is not a member of the Government. The 1995 Act puts in place a specific recommendation that Attorneys General applying to the JAAB must recuse themselves from any involvement in the overall process. This would absolutely apply here. Other members of the commission could apply to be promoted or go to another role, be it a president of a court or the two judicial nominees who will be judges themselves. At no stage are we asking that they would recuse themselves. Somebody who provides the service the Attorney General does to the Government should not be at a disadvantage purely because of taking on that role. If we were to apply the logic being proposed it would surely apply to other members who will sit on the commission. They could not apply for a judicial position for two years themselves potentially. This is not proposed. The specific recommendation in the 1995 Act will continue in the Bill. This means if the Attorney General were applying for an appointment he or she would not be anywhere near the process. This will continue. I cannot accept amendment No. 16. Amendment No. 19 would disapply the recusal but would not be required if amendment No. 16 is not accepted.