Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

On Deputy Jim O'Callaghan's point, I think it would have preceded devolution in the areas of policing and justice in 2006; therefore, it would probably have been Westminster legislation. However, in Scotland I believe there is a 50:50 lay and legal-judicial balance. In England and Wales it is weighted equally between lay and judicial members, with two legal members. That is the argument Deputy Jim O'Callaghan made previously. I am sure I could find other jurisdictions. In Scotland the ratio is 50:50. I will try to find more examples for the Deputy's colleagues in the Seanad to discuss.

I do not agree with Deputy Eamon Ryan at all, even though I will probably be voting with him on the amendment. I do not even understand the argument. The Minister is right. I have not heard any Deputy argue for greater involvement of discretion for the Cabinet, the Dáil or anyone else. That is not an argument being made by those who are opposing the amendment.

I take on board the Minister's point about trying to make it more attractive. These are very particular and important appointments and I accept that there may be a slightly different requirement. I understand the distinction between expressions of interest and applications. For that reason, I will also be opposing the subsequent amendments proposed by Deputies Clare Daly and Mick Wallace and supporting leaving the section as it is. That is not the way to do it if we are serious about creating a process that will be transparent and independent.

We have set up a commission and gone to a lot of effort in debating it and its composition at length. I do not understand why the same commission, perhaps with some minor adjustments, could not make decisions on the most significant judicial appointments in the State. If a slightly adjusted process is required, we can come back to the issue in the Seanad. I do not see any basis for the amendment proposed by the Minister. It is far too tight and lacks transparency as a process.

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