Charles Flanagan (Laois, Fine Gael) | Oireachtas source

There is no inconsistency because the Senator will be aware that the purpose of Chapter 2, to which he referred, is to address the recommendation process instituted by the commission under the Bill's provisions.The arrangements which are proposed under section 44 aim to do exactly what Senator Norris suggested earlier, namely, deal with the exceptional cases of seniority, the three most senior judicial positions in the land, that of Chief Justice, President of the Court of Appeal and President of the High Court. What I wish to do is signify alternative arrangements for these appointments to acknowledge the seniority of the positions and their exceptional nature. My position here, as stated time and again in the course of this debate, is to acknowledge those positions and to propose specific requirements relating to these most senior positions. As I said in response to Senator McDowell earlier, I am reflecting on issues that were raised by Senators and points that were made regarding amendments on which we recently voted but that the Seanad did not seem to regard as being of sufficient import to include in the Bill. I assure Senators that whatever precise arrangements are finally considered for the three most senior positions, we will be ensuring that all of the appropriate criteria will apply to all posts and to those senior posts in particular.

Section 44 provides for the specific arrangements for the three most senior positions. I will be reflecting on the mode of appointment, having regard to what Senators have said this afternoon and will come back to the House with a more definitive arrangement on Report Stage. It is my intention to seek to have an alternative arrangement for appointment to the three most senior positions. They will not be subject to the specifics as outlined in Chapter 2. Of course, we must accept that in filling these three most senior judicial positions, the candidates that will be considered by the Government in furtherance of the filling of vacancies for these positions will be senior members of the Judiciary in any event.

In response to Senator Bacik's point, they will be required to engage in continuous professional development. In fact, the section states that they will be directing other members of the Judiciary in that context so it would be entirely inconsistent were they to be exempt themselves. These people will, in effect, be organising the courses, directing that the course be held and mandating those in more junior positions to attend. Of course, continuous professional development will also be applicable to them. I do not have the final arrangement on the senior appointments committee but I acknowledge the important points that have been raised by Senators Bacik and McDowell in the context of earlier amendments and will consider what Senator Norris quite rightly referred to as the importance of the three exceptional positions of seniority.