Catherine Connolly (Galway West, Independent) | Oireachtas source

A Thaoisigh nua, power is a privilege that should and must be exercised in a manner that is open, accountable and compliant with the democratic process, including the relevant legislation behind a given decision. That democratic process gave us the Dáil we have today, with no overall majority for either of the bigger parties and with the strong message from the electorate that they did not want more of the same empty promises, empty rhetoric and exercise of power for power's sake. Unfortunately, that is exactly what the Taoiseach nua has given us and the people: a decision to appoint a new judge to the Court of Appeal, to appoint the Attorney General and in circumstances surrounded by secrecy and a deliberate ignoring of the legal framework set up in 1995 because of a previous debacle to govern that appointment.

From what we know of the process, one name alone was brought to the Cabinet by the former Minister for Justice and Equality, and that name was unanimously accepted by the Taoiseach's colleagues both in Fine Gael and the so-called "Independent" Alliance, and all done in the presence of the applicant judge herself. Not only was there no objection from any member of the Cabinet to this procedure; what is appalling and alarming is the Taoiseach's contemptuous disregard for issues raised by the Opposition and by the people since then. He has been disingenuous, and when I say he, I mean he and his colleagues, with the information he has given us. The former Minister for Justice and Equality confirmed that the JAAB had nobody to recommend, no suitable candidate.

While that may be true, there was an utter failure to place that statement in context and state the JAAB did not advise on the appointment of judges to higher office. As well as that, there was a deliberate ignoring of section 18 of the legislation which had specifically been brought forward to avoid a debacle such as this. It allows for the Attorney General to go forward but he or she must make this known. There has been a deliberate ignoring of a conflict of interest on the part of the former Attorney General and a deliberate lack of information on the interest of three candidates in the High Court positions.

Under the Constitution the Taoiseach has the power to appoint judges. However, when it shows such contemptuous disregard for existing legislation and where the minimum requirement of the former Attorney General stepping outside the room was ignored, it is a cause for alarm. The Taoiseach has failed to give replies and obfuscated, evaded and confused by referring to qualifications, which were never an issue. The process he adopted was faulty. I ask him, on mature reflection, to acknowledge that it was faulty.

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