Michael McDowell (Independent) | Oireachtas source

She was a very fine judge as well. I want to make it very clear that the process by which the Supreme Court is composed falls, in the final analysis, to the Government of the day to decide. The Government decides whether it wants liberals or conservatives, people who are pro-life or pro-choice or people who are pro-European or pro the rights of Ireland under the European treaties. These are issues on which the Government alone is competent to make decisions. I have no problem with people who want to become High Court, Circuit Court or District Court judges for the first time being asked to go through an interview procedure or being looked at by a commission to see whether they are suitable to be appointed. I have no problem with that principle at all. However, I have a huge problem if, when a vacancy arises in the Supreme Court or there is a vacancy for the position of Chief Justice, the Government does not do what the Constitution requires it to do, namely, make a considered decision on foot of advice received and on the basis of internal discussion as to who it wants to be Chief Justice and who it wants to be on the Supreme Court. These are the people who decide what the Constitution actually means. I see a huge problem in a Bill which requires the Minister of the day to require everybody wishing to be appointed to the Supreme Court to submit himself or herself for interview by a group of laypersons who do not share the responsibility of Government in this matter.