Charles Flanagan (Laois, Fine Gael) | Oireachtas source

This is an independent commission and the parameters surrounding the information that will be received by the Minister are clear. The Minister will receive the names of three persons, as provided for in the Bill. The Minister will receive the particulars of the recommended persons: information on their education, qualifications, professional expertise and experience and character, as provided for in section 43. Where applicable, the Minister will receive the particulars of the result of an interview or test that might be undertaken and a statement of recommendation setting out the reasons the commission is of the opinion that the person is suitable. I do not see circumstances in which the Government will be interrogating or probing the independent commission on a particular candidate who may, as Senator Michael McDowell said, be the most intelligent legal practitioner in the country. I do not see circumstances in which any Minister or the Government will go behind the legislation in terms of the names of the three persons received by the Minister which will facilitate the Minister in putting the name or names before the Government for approval or otherwise to go to the President in accordance with the Constitution. As I said on a number of occasions, nothing in the Bill will empower the commission to adversely interfere in any way with the constitutional prerogative of the Government in the nomination of persons for appointment by the President as members of the Judiciary.