Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The appointment was appropriate. I am glad that the Deputy agrees that qualifications are not an issue in this case and that the former Attorney General is uniquely qualified for this important role. It is a controversy about the process followed. The process was lawful and is provided in under Article 13 of the Constitution. We have separate, independent legal advice, not legal advice from the former Attorney General, which states the appointment was lawful and that correct procedure was followed. The procedure is as follows: barristers apply to the JAAB which makes a recommendation. Other judges apply to the Attorney General and the information is then passed to the Minister for Justice and Equality who considers all expressions of interest and makes a recommendation. As is the case for all appointments, including judicial appointments and appointments to chair and sit on State boards, the Minister comes to the Cabinet with a recommendation. The Cabinet is not given a shortlist for any such position. We do not sit around the Cabinet table discussing the merits and demerits of six or seven people and why someone is the lesser candidate for any job. The normal procedure is that a Minister comes to the Cabinet table with a nomination - one nominee if there is one post, two nominees if there are two posts and so on. That procedure was followed. I acknowledge, however, that it is not the best way to appoint judges and it is something I want to change. That is why I have given a commitment in the House that we will fast-track the judicial appointments Bill.

See this speech in context