Seán Ó Fearghaíl (Kildare South, Ceann Comhairle) | Oireachtas source

Before we commence this item, it is important for me to set out the terms of engagement. I almost said "terms of endearment". Let us ensure they are terms of engagement. Last week, I ruled that the process followed by the Government in relation to judicial appointments could be raised, subject to keeping within the limits of parliamentary debate and respecting the normal rules on Cabinet confidentiality. As part of the official functions for which she is accountable to the House, the Minister for Justice, Deputy McEntee, undertook a process that led to a name being submitted to the Cabinet. The Minister may, therefore, be questioned on this particular process, including on the nature of the process, the steps involved in it and how it was actually conducted. These are all objective issues that are in order and do not encroach on other branches of government.

However, the Minister may not be questioned on the merits or relative merits of candidates, nor can she be questioned on how candidates were evaluated with reference to the selection criteria. All persons involved in this process are holders of judicial office and I remind Members that they cannot comment on their suitability for office. These are all subjective matters that Members are precluded from addressing, in accordance with the longstanding rules of the House. I would also make the point that the process conducted with the selection of one name for submission to Cabinet and some matters related with Cabinet, including the Government memorandum and discussions, may not be raised because of the constitutional provisions regarding Cabinet confidentiality.

Finally, I ask Members to adhere to the framework I have outlined. If this framework is followed, it will not be necessary for me to intervene in the course of proceedings, something I do not want to do. However, in the event that I do have to intervene, I ask Members, please, to respect that and to co-operate with the rulings and directions.

I call the Minister for Justice, Deputy McEntee, to make her opening statement.

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