Enda Kenny (Mayo, Fine Gael)

What concerns me is that when the last position offered by the Government was given to an Opposition Member, that Member was chosen by the Government in the person of the Leas-Cheann Comhairle. There was no consultation, just a direct approach and nomination.

I have nothing against the former Minister, Mr. Michael Smith, with whom I served in the House for many years. However, he has only recently left office and would have served with all the members of the current Government. While there is no implication that Mr. Smith has ever done anything wrong — I do not remotely suggest this — he is listed as a person who will give evidence at the Mahon tribunal.

I do not want to divide the House on the issue. I would prefer if the Taoiseach went ahead with the appointment of Mr. Justice Smith as chairperson of the commission and deferred the appointment of an ordinary member until such time as there is proper consultation between the Government and Opposition to find how we can work out an agreed personality.

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