Michael McDowell (Independent) | Oireachtas source

It may never know, but the Minister is arguing that the Government's prerogative remains unaffected.Any sensible Government confronted with a list of three people would send its attorney out to tap somebody else on the shoulder and say, "By the way were you not in the running, or if you are not in the running, would you consider being appointed by us because we are disappointed not to see your name among the names coming from the commission?" That is what will happen in all of this and it will not be unlawful. Good judges have been appointed without the involvement of Judicial Appointments Advisory Board, JAAB. It is no secret that the current Chief Justice was never involved in the JAAB process but he was invited by the Government directly to accept judicial office. Let us be clear about this. Those are the facts. Let us not delude ourselves that this system will work any differently. I deeply regret that, after a number of hours, the Minister is not prepared to give any indication of the terms of remuneration of the commissioners he will be appointing.