Catherine Ardagh (Fianna Fail) | Oireachtas source

Today I would like to use my time to raise the issue of the appointment of Máire Whelan to the Court of Appeal. What we have seen in the past week is ducking and diving by the Taoiseach and members of the Cabinet. All they seem to pivot back to is the line that Máire Whelan is that eminently qualified for the post. I am sure that the three High Court judges who formally expressed an interest in appointment to the Court of Appeal, whoever they are, were also eminently qualified for this post and clearly went about seeking the opportunity to serve on the Court of Appeal in accordance with the legislation. The former Attorney General never expressed any interest in the post at the judicial appointments advisory board meeting she recently attended in May.

What is being rightly questioned here is the process used by the Government to appoint Máire Whelan. Yesterday we saw the Taoiseach whisk Máire Whelan to Áras an Uachtaráin, a move clearly designed to quell the potential and public outcry over the barefaced croneyism on display here. Not only is the Taoiseach showing contempt for the Parliament and members of the public, he is showing utter contempt towards those members of his own new Cabinet who sought a review of this decision at Cabinet today. It is a shame that the Minister for Transport, Tourism and Sport, Deputy Shane Ross, did not raise serious questions at the Cabinet meeting last Tuesday. Perhaps if the Minister had paid as much attention to Máire Whelan's appointment by Fine Gael as he did to securing the re-opening of the Stepaside Garda station he might have been able to prevent such a flawed appointment. He passed on this opportunity last Tuesday to ask tough questions about this appointment and everything that he says now is simply too little too late.

In order to fully understand how this debacle arose, we need honesty from those Government Ministers who were party to this decision. I believe it is incumbent on the Taoiseach and on the Tánaiste, Deputy Frances Fitzgerald, to provide an open and honest explanation as to how this appointment unfolded. The following questions must be answered. We now know from Leaders' Questions just an hour ago in the Dáil that the incoming Taoiseach knew that Máire Whelan's appointment was possible as he entered the Cabinet room last Thursday. He had been informed the evening beforehand that it was a possibility. The public needs to know who advised the incoming Taoiseach that it was a possibility and why, on the eve of the decision being put to the Cabinet, the Taoiseach says that he was only informed of it being a possibility. For such an important appointment, why was the incoming Taoiseach only advised of it being a possibility? Are we to believe that the decision was only made by the Minister between the Monday evening and the following morning?

The Tánaiste and Minister for Justice and Equality, Deputy Fitzgerald chose to make the recommendation of Máire Whelan, ignoring the three High Court judges who had expressed an interest in this post. Did the Tánaiste come to this determination on her own? The Taoiseach stated today that he was only informed that it was a possibility and that he had no part in drawing up this memo. Did the Taoiseach confirm to the Tánaiste that he would support Máire Whelan's nomination? Did the Tánaiste discuss the matter with the outgoing Taoiseach, Deputy Enda Kenny? We know that the Tánaiste had a conversation with the incoming Taoiseach on Monday evening but who else did she discuss this matter with?

The Tánaiste should set out exactly when the former Attorney General expressed an interest in the position on the Court of Appeal. She did not express an interest in the post just a few weeks ago at the judicial appointments advisory board in May. When exactly was the Tánaiste made aware of the former Attorney General's interest in being nominated to the Court of Appeal?

Finally, did the Tánaiste discuss with Máire Whelan in advance of the Cabinet meeting how she would nominate her? Did she specifically agree with Máire Whelan that she should remain in the room while the Cabinet determined her fate? I believe it is in the public interest that the Government is held accountable for what we have witnessed in the past week. It is for that reason I formally propose that the Tánaiste be called to this House to provide answers to the questions people rightly want answered.