Enda Kenny (Mayo, Fine Gael) | Oireachtas source

All judgments, as members of the Judiciary would tell us, are 90% common sense and 10% law. They have to make judgments and decisions in the interests of defendants, the law and the country. There is always a balance as to how this should be got right. Ultimately, the Government makes appointments on the recommendation of some group or council. The balance to be got right is having people with expertise from both sectors, the legal profession and general life, who can say on the basis of applications, experience, qualifications, etc., that certain people are recommended for consideration to be appointed by the Government. I know the Minister, Deputy Ross's best interests lie in having these processes absolutely transparent and accountable. There is always a risk if only members of the profession are appointed or they are in a big majority; all professions must be open to all people qualified on the basis of merit. That is where the discussion on how to do it is at present. At the end of the day, the Constitution is not changing. It is a matter for the Government.

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