Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The important point to come back to is the one made by Senator McDowell, that the membership of the Attorney General on the commission is important. It has been the source of great controversy. I am pleased that Senators have acknowledged the important role the Attorney General plays in this process. Ultimately, when the Bill if finally enacted and signed, the position of the Attorney General will so acknowledged.

When Senator McDowell speaks about the proposed new regime in the commission, he contrasts it rather unfavourably with the current position on the Judicial Appointments Advisory Board, JAAB. He knows that when he speaks about the expertise, the experience and knowledge that form the views of the JAAB, they come, by and large, from members of the Judiciary, as well as legal practitioners. He and other Senators neglect to acknowledge that following an amendment made in the Lower House, all of the courts will be represented on the commission and that the expertise and experience of members of the Judiciary will follow through to the commission in the same way that I assume they do in the current JAAB process. I am not privy to the minutes of JAAB meetings. I do not receive first-hand reports on the proceedings of the Judicial Appointments Board in the same way as I will not receive them from the commission. I believe that is desirable. It is not up to us, as public representatives, to second-guess the process within the JAAB. If judicial experience is important in the context of the JAAB, as I expect it is, that same experience can be drawn on within the new commission, even more so thanks to the amendment I secured on an earlier Stage. That expertise will be drawn from the same people, namely, the presidents of the courts, and continue in the new body.

On the matter of constitutionality, I acknowledge the expertise of Senator McDowell in these issues. On policy formulation in the context of the Bill, we have to remind ourselves that it concerns the reduction in the number being recommended to three persons; the order of preference; no other names being brought forward; and the provision on confidentiality, all of which have been approved by the Government. How have they been approved by the Government? They have been approved based on the stated advice and expertise of none other than the Attorney General and his office.