Michael McDowell (Independent) | Oireachtas source

While I thank the Minister of State for what he has said, I am increasingly alarmed by the Government's inability to admit that it has a constitutional right to appoint any person who is eligible to be a judge and that this right cannot be compromised by legislation. The words read by the Minister of State skirt around that issue. At least he has indicated some willingness on the part of the Tánaiste to consider refining the scheme of the Bill as published. That is a good thing, whereas the suggestion in the words the Minister of State has given us today that there should be "a prohibition on canvassing" for judicial appointment is an alarming proposition. If somebody wants to be considered by the Government for appointment to the courts, he or she has an entitlement to indicate that to the Government. These Houses have absolutely no right to prevent people from informing the Government of their desire to be appointed to a position. It cannot be criminalised, made unlawful or made an offence. I believe the Government should go back to the drawing board with these proposals. The fundamental question it should ask itself is whether we will have a better Judiciary or a far worse Judiciary if these new proposals are enacted.