Michael McDowell (Independent) | Oireachtas source

We can talk all we like about the theory of equality. I am talking about the practice and the consequences of appointing somebody in poor health to a position. Senator Ruane talked about the capacity to operate through sign language. I do not think that a person who had to operate through sign language could function as a judge. It is the same as he or she not being able to function as an airline pilot, in all probability. It is just a fact. Let us not get carried away by extreme ideological views of where equality will bring us in this regard. Senator Dolan made the point - and I agree with him - that health should be interpreted as meaning not that a person is able to run a mile or whatever. Health has to be given a reasonable meaning in this context and therefore the phrase "is suitable on grounds of health" seems reasonable.

We also had reference to the GDPR and the sharing of data legislation. I do not for a second believe that prohibits somebody making an appointment from inquiring about whether a candidate to be appointed to the job is suitable on health grounds. There is this kind of new magic aura surrounding GDPR, sensitive data, etc. It is being exaggerated way out of proportion. A person applying for almost any job in the country will be looked at on health grounds to see if they are up to it. That is in the private sector and in the public sector. A person cannot get into the Defence Forces and then suddenly say that he or she is relying on his or her GDPR rights and not doing a fitness test.