Michael McDowell (Independent) | Oireachtas source

Yes. If one of the criteria in devising the shortlist is to secure diversity which is one of the aims of the commission and somebody is knocked off the list five times in a row because he or she is not sufficiently "diverse" - whatever that means - is it possibly right for an independent body to require each judge to submit to an examination of his or her suitability on the grounds of diversity every time there is a vacancy?I say it is not. Apart from the logistical and administrative headache of having members of the Judiciary routinely apply for every appointment upwards, it worries me that it will turn into a beauty parade whereby judges will become less inclined to make unpopular decisions because they know that every time their name comes up, a lay-dominated group will vet them in line with these criteria, including diversity and such, and will look at their suitability every time. I asked the Minister and he indicated at one stage that he was open to excluding appointments of existing superior court judges from the scope of the appointments commission. We are now getting to crunch point in this debate.