Michael McDowell (Independent) | Oireachtas source

That is what I have been worried about from the get-go. It means that the Government will receive three names in the order of the commission's recommendation and never learn who else was interested. It, therefore, cannot exercise its prerogative in separately advising the President that it thinks Mary or Joe Bloggs is the kind of person it wants and is head and shoulders above the three people named. It will never know that he or she applied to the commission and was unsuccessful. That is what is totally wrong. At least under the JAAB, the Government knew who the would-be candidates were and could take a look and ask, "What is wrong with so-and-so? They would be our choice."

Returning to the analogy of the submarine without a periscope, the Government will receive three names and will not know there are people who, in its view, would be far more suitable for appointment than the three in question. For instance, let us suppose that, from among the judges of the Court of Appeal and the High Court, there is to be a recommendation for appointment to the Supreme Court and the Government receives three names under this scheme. It may never know that Mr. Justice or Ms Justice Bloggs actually applied and wanted to be appointed but was turned down by the commission, with or without the skills of evaluators or whatever they call themselves, consultants-----