David Norris (Independent) | Oireachtas source

I support amendment No. 78. The objective is to narrow the focus and scope of the Bill at this point and, in the case of an appointment of an ordinary member of the High Court, to ensure the person has an appropriate knowledge of the decisions and "an appropriate knowledge and appropriate experience of the practice and procedure, of the High Court". Curiously, the Bill refers to an appropriate knowledge and so forth as I just said, but it refers to the Supreme Court first. It refers to the Supreme Court, the Court of Appeal and the High Court. The High Court, where this person will be officiating, is put last, almost as an addendum. Senator McDowell's refocusing of attention on the practice and experience of the High Court is appropriate.

I also support him regarding Attorney General being prohibited by law, under the sword of Damocles of committing a criminal offence, from informing the Government of the long list. That seems to be quite extraordinary. It would deprive the Government of critical information. The Government will be deprived of critical information about this appointment and will surrender its rights to a body where the majority of the members may not have any great knowledge or expertise in this area at all. I strongly support Senator McDowell on this.

There is another matter on which I support him. The Minister referred to seeking expressions of interest on the part of eligible persons who wish to be considered for appointment to that office. How do they know that they wish to be considered for this office? How can the commission tell from whom expressions of interest should be sought?Subsection (7) of Senator McDowell's proposed new section states:

The Committee shall, for the purposes of making a report under subsection (2)—

(a) inform all members of the Superior Courts of the vacancy and invite any such member to express an interest in being appointed to the judicial office mentioned in subsection (2),

(b) publish any circular or advertisement as it considers appropriate inviting any other person eligible for appointment to the judicial office mentioned in subsection (2) to notify the Committee expressing an interest in such an appointment.

That is the way to do it. First, all the members of the superior courts are informed. As an addendum, I used the word "demean". It was slightly mischievous but when one is talking about superior courts, one is talking about superiority, and if one is going down, one is demeaning oneself. It seems that if one is seeking to attract the interest of people, one should first inform the members of the superior courts. They are the individuals who are critically and principally involved. Second, one should "publish any circular or advertisement as it considers appropriate". That is the way to attract people, rather than using some vague means of contacting individuals who, as far as I can understand it, have a wish that has not yet been expressed.