Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I wish to refer to two amendments about which I have not spoken previously. The first is amendment No. 21 in the name of Deputy Clare Daly on which the Minister has just spoken. This proposes including an express reference to the fact that a person's political affiliation should not be considered when the recommending body is considering their application. The purpose behind the legislation is to ensure people are appointed on merit. There is a public concern that sometimes people are appointed to political office because they have political connections or because of their political affiliations. I am sure that has happened in the past. I do not think it is a good thing. Therefore, there is benefit in including within the section on recommendations based on merit a reference to the fact that somebody's political affiliation should be irrelevant and should not be considered when it comes to an application.

I hear the interesting point the Minister just made about extremist political views. Consideration should be given to whether that would preclude an individual. On balance, I would have thought that would be a factor that would exclude a person from consideration because they did not display the type of independence or integrity that would be required of somebody being appointed to the Bench. On balance, I am favourably disposed to amendment No. 21.

What I like about amendment No. 21 is that it does not assume that just because somebody has a political affiliation they should not be made a judge. Some of the best judges we have had are people with political affiliations. In some instances, I am sure members of the public who come before a judge would prefer to be before an individual who has experience like all of us. Sometimes we denigrate politicians and politics too much. We have the advantage of having an exemplary insight into the public's thinking. People sometimes think the media have a better insight; that is wrong. Politicians have a much greater insight into what is happening on the ground with the public and how the public are thinking on certain issues. We should not be nervous about the fact that somebody who had a political affiliation or was involved in politics then decides to get into the Judiciary afterwards. I have no interest, myself, Chairman, just in case you think this is a defence.