Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Senator Bacik, along with all Senators, will be well aware that the Government makes decisions on these issues in accordance with our Constitution, not in accordance with any other body of laws on the international stage. No other authority decides who we recommend for judicial appointment. This is the sole function of Government. That is not changing under this Bill in draft form or otherwise. The Government must operate within that basic point at all stages. Irrespective of what is in the piece of paper in Senator Bacik's hand, that does not change. We operate our own laws under our own Constitution and, in fact, a reading of this Bill now, as compared to in its original form, will show it increases the independence of the Judiciary, rather than reducing it. I refer to the inclusion of all judicial promotions, currently done outside of the appointments board process; the statement that all appointments will be on merit, which is what we have discussed for the past number of hours here; and the professionalisation of the judicial selection process. I do not see anything in what any of the Senators said that precludes us from proceeding with the debate this evening until 11.15 p.m., which is the order of the House, and proceeding with the amendments tomorrow. I intend to bring the report to Government at the earliest opportunity, which is Thursday. We are not having a constitutional referendum to change the constitutional position on the appointments of judges. I am not sure what Senators want.