Michael McDowell (Dublin South East, Progressive Democrats)

It is in vogue to advertise all important jobs and see if applicants put forward their names. In this era of transparency that is frequently cited as desirable but I have noted that it has a counter effect which is not often recognised or spoken about, namely, that some people would be willing, if asked by the Government to become one of the members of this commission, to consider it if they were approached. However, they are not willing to put their name forward in some kind of open competition where their willingness, and the fact that they have been overlooked or rejected as a candidate, will be a downside to the whole process. That is an important point.

In respect of the Judicial Appointments Advisory Board, if we had an advertised competition and invited people to put their names forward, those who are rejected as candidates for the Bench — I will not use the word "humiliated"— would have a negative perception of what had happened. If, on the other hand, we create a secret applications procedure as exists in regard to the Judicial Appointments Advisory Board, people will then say they do not know how the institution works, how a particular name came up or the reason it was done in a certain way.

It is important that these nominations will be persons appointed by the President. The persons in question will be the subject of resolutions of both Dáil Éireann and Seanad Éireann recommending the appointment. That surely is enough transparency. It will not be the case that people who are substandard will be put forward because their qualifications will be scrutinised and it will be a very formal arrangement. It will not be something one will learn about in Iris Oifigiúil one day. The two Houses will have to carefully consider any proposal for appointment to this body. In that regard it will be similar to the appointment of the Ombudsman. The Ombudsman is appointed by the President on the recommendation of the Houses of the Oireachtas. The only difference in this case is that the Government gets a formal role of nomination but that nomination has to be approved by both Houses of the Oireachtas in a public forum where, if an unsuitable appointment was being made, it would be apparent to everyone.