Joanna Tuffy (Labour)

I move amendment No. 5:

In page 44, line 35, to delete "recommendation of the Minister" and substitute "advice of the Government".

We believe the section as drafted is unconstitutional because the President's statutory powers could only be exercised on the advice of the Government and not just a Minister. I refer the Minister to Article 13.11 of the Constitution. Also, as ordinary judges are appointed on the advice of the Government it seems desirable to maintain that.

In our amendment No. 12 we again refer to the advice of the Government, which is the term used in Article 13.11 of the Constitution.