Gerard Craughwell (Independent) | Oireachtas source

I would like to pick up on what Senator McDowell has just said. I have made the point that a negative comment about a distinguished barrister from a consultant involved in the selection of a judge or a member of the committee could cause the loss of that barrister's career. It could destroy his or her career. It had not crossed my mind until just now that something negative could arise during the evaluation of a member of the Judiciary who has applied for promotion and find its way into the public domain. In such circumstances, the judge's career would be over. If we look at this from the perspective of the preservation of public money, we will appreciate that such a judge would not walk away quietly. Negative commentary along the lines of, "We appointed the barrister Murphy rather than the judge O'Connor because Murphy was A, B and C and you would want to hear what they had to say about O'Connor", would destroy the unique position the Judiciary has held in this country. I would be the first person to admit I have not always agreed with the sentences handed down by judges or the actions of judges in various cases. I am a layman looking on. Like most people, I judge these matters on the basis of my views or the views of people like me. I am not a member of the Judiciary. As Senator McDowell was speaking, it struck me that when a distinguished judge is looking for promotion, a consultant might discover some box that could not be ticked. The name of such a judge could become known if we fail to provide for strong legislation with respect to indicting and allowing the Garda to investigate. The further we go into this Bill, the more dangerous it becomes. I am concerned that the system we will use to appoint judges is dangerous and the consequences being opened up when confidentiality clauses break down are dangerous. Are we trying to push this Bill through to tick a box and say that is that? Are we seeking to pass the Bill to get it out of the way? Are we prepared to live with the consequences of such an approach? This Bill will outlive the Minister, me and many people who will come after us. We need to make sure we get it right. I am afraid of what we are doing here today.