Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I want to be very clear about that. Of course, all such submissions are considered and are treated in a confidential manner, for very good and obvious reasons, as Deputies will agree. While, of course, such expressions of interest are always considered, constitutionally, the Government cannot be bound by any such expressions of interest in exercising its prerogative to advise the President on an appointment. It is in accordance with both the law and the Constitution to nominate a person to the President to be appointed a judge of any court. This includes the Court of Appeal, provided they are eligible and qualified. It is also in accordance with both the law and the Constitution for the Government to nominate for appointment an eligible and qualified person who is not already a judge, even if there are existing judges who have expressed an interest in the appointment.

These are the constitutional prerogatives set down for the Government. If the Deputies across favour a change in the Constitution in this area they should outline the alternative they favour.

I have had six years experience of working with Máire Whelan as Attorney General. She is a talented lawyer and a person of the highest integrity and qualities. She has directed and overseen the legal work of this State during a period of economic and social change. She has designed, picked and managed the legislation required during some of the most difficult periods in the history of the State. Deputy Howlin has outlined the range and depth of her work during her period as Attorney General. In fact, she has been the longest serving Attorney General in more than 50 years in the State. She has done all this work with skill, professionalism and admirable temperament. She does not deserve to have her character questioned in this House. The breadth and depth, the gravity, relevance, complexity and significance of her six years' experience as the constitutional legal adviser to the Government, advising on complex matters of legal and constitutional importance, ensures she is absolutely qualified.

The Government has committed to significantly enhance the judicial selection model. On 30 May 2017, the Government approved the publication of the Judicial Appointments Commission Bill, which fulfils the programme for Government commitment to introduce legislation to replace the Judicial Appointments Advisory Board, JAAB, with a new judicial appointments commission. Let me make it clear again that JAAB does not deal - and I think this was a question from Deputy O’Callaghan - JAAB does not make recommendations on judges to the Government. It deals with applications of people who are not judges. This Government set in place a procedure whereby if sitting judges wanted to express an interest they would do so through the Office of the Attorney General. Under previous Governments, what happened was there seemed to have been some system of very informal lobbying. Lobbying, as Deputy O'Callaghan and other Members know, has been quite common with regard to various vacancies. What the previous Government did was put in place a procedure to deal with expressions of interest.

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