Michael McDowell (Independent) | Oireachtas source

I am happy to hear those reassurances from the Minister. I do not believe that he or the Cabinet of which he is a member currently partakes in any process involving political cronyism. I say that with sincerity because I have had the chance to observe the appointments that have been made, which I believe to be entirely on merit and above criticism. They cannot be legitimately targeted as representing some form of cronyism.

Section 23 deals with advances to the commission. Perhaps I misunderstand it, but it seems that the terms of section 30(2) are mandatory, namely, that "The Office shall be funded by moneys provided by the Minister with the consent of the Minister for Public Expenditure and Reform", whereas section 23 is a permissive provision to give advances to the commission, possibly for different purposes. The JAC would be a massively over-expensive quango. It would not achieve a better or less political Judiciary or one more acceptable to the people of Ireland than that which we have and which has performed extremely well. There was no sustained criticism of the manner of appointment of the Judiciary until the Minister, Deputy Ross, launched his personal campaign against it.

There are substantive amendments coming up regarding appointments to the superior courts, as the Minister is aware. I ask him to indicate with clarity to the House that the decision to accept or reject such amendments will be taken by the Cabinet as a whole or a majority thereof if there is any division, rather than through a process in which one member of the Cabinet attempts to veto their acceptance. There are some important amendments to be dealt with. There are moments when a Cabinet must function as such. I acknowledge that there are political underpinnings to any Cabinet, including keeping people onside and its members agreed on various propositions.There are amendments I have tabled which do not offend the principles of what was agreed in the programme for Government and which relate to promotion within the High Court, the Court of Appeal and the Supreme Court, as well as to the presidencies of these courts. I would like to be reassured these amendments will receive fair consideration from the Cabinet and will not be subject to somebody who puts out leaflets claiming the current system of appointing the Judiciary is tainted by cronyism.