Michael McDowell (Independent) | Oireachtas source

That group will rank people in order of choice, be it Michael McDowell, Ivana Bacik, David Norris or whomever. That is the choice of the group, but the Government might believe that the choice made is completely wrong. A procedure that is perfectly reasonable and defensible in terms of international practice is being applied to the Irish Supreme Court under our Constitution. Our Supreme Court is equivalent to the American Supreme Court, the composition of which is a matter of huge political importance to the American people. The case of Roe v.Wade would not have been heard if certain people were involved. Certain people are trying to reverse Roe v.Wade by decisions made. Whether that is a pleasant reality to reflect on is one thing, but it is the nature of the Supreme Court. It is a political appointment. I have never known party politics to be part of the equation when it comes to appointments to the Supreme Court. The other criteria I have mentioned - the philosophy, the outlook, the type of person desired, the type of Ireland one wants to see and the type of future development of constitutional theory - count when that decision is made.

A different provision was proposed at first. The Minister started out with a small committee which was to make recommendations for high judicial offices. We now have this Bill, which, to coin a phrase, is a bit of a dog's dinner and which has removed that small committee and replaced it with the ridiculous idea that a group comprising laypersons will put before the Government its choice for the position of Chief Justice or for a position on the Supreme Court on the basis that it is somehow better qualified to make these decisions that members of Government. This is not personally directed at the Minister for Justice and Equality, but it is the responsibility of each and every member of Government to make these decisions. If the members of Government want to take advice they should do so, but they should not delegate to a group of people who are not responsible for the decision on the ultimate composition of the membership of the Supreme Court. It is wrong in principle and is indefensible. Any Minister who would shirk that responsibility is not worthy of being a Minister. I am not talking about the Minister of Justice here present when I say that. Any Minister who is not willing to personally take the responsibility of choosing the next Chief Justice or decide which member of the High Court should be a member of the Supreme Court is not worthy of being a member of Government because he or she is abdicating a responsibility thrust onto him or her by virtue of his or her membership of the Government.

The Minister has conceded that what we have before us is not the Bill that was originally tabled. He made a very important point when he said that there are provisions in this Bill which require, in the event of the commission's choice for Chief Justice not being agreed to by the Government or its choice for appointment to the Supreme Court not being accepted, that the Government should issue a statement, in Iris Oifigiúil, a reasoned statement as to why one appointment was made rather than that recommended. The Minister has said that he wants to take advice on the constitutionality of that. If that provision is left in this Bill I will certainly ask President Higgins to refer it to the Supreme Court-----