David Norris (Independent) | Oireachtas source

The Minister was rather disingenuous in his response to the subsection (7) element of Senator McDowell's amendment No. 90, which indicates that the committee shall "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)". The Minister's response was to point to section 39(1), which states, "Subject to subsection (2), a person, including a person who is for the time being a serving judge or a relevant office holder, who wishes to be considered for appointment to judicial office shall make an application to the Commission in that behalf (specifying the judicial office concerned); that application shall be in writing or in such other format as may be specified in the selection procedure." That does not answer Senator McDowell's amendment. The Minister is firmly placing responsibility back on the shoulders of the applicant, whereas Senator McDowell's amendment has a requirement to let the members of the superior courts know a vacancy is to be filled.

I imagine that the overwhelming majority of members of the superior courts would probably have a bloody good idea if there was a gap in the Judiciary. They would know this almost instinctively because there would be gossip around the robing chambers and all that kind of stuff. Is the Minister suggesting judges should be grateful for not having been actively barred from seeking appointment, or promotion as I would call it?

I am glad to see the Government side has been replenished by somebody who probably does not want to be here but there was a period of five minutes when no Government Member was present.