Brian Lenihan Jnr (Dublin West, Fianna Fail)

He has no particular objection and I take it there is unanimous confidence in the House for the proposed appointment, as a matter of practice, and that is welcome in the context of the important work the commission has to do.

I understand from his statement that Deputy Gilmore has some constitutional objection to the manner in which the Government has proceeded. The position is that the appointment of members of the Garda Síochána Ombudsman Commission is dealt with in sections 65 and 66 of the Garda Síochána Acts 2005-07. The President makes the appointment based on the nomination of the Government, subject to the passage of resolutions by the Dáil and Seanad recommending the appointment.

The Government makes the nomination but it is subject to a resolution of the House. There is no constitutional convention or legal obligation on the Government requiring it to consult with Opposition leaders. It is a matter of prudence and wisdom for the Government of the day to decide whether to make that consultation.

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