Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Senator Bacik and I appear to be at one on the matter of section 44 dealing with the three most senior positions. As I indicated to Senator McDowell, it is my intention to give further consideration and scrutiny to the issue and seek advice on how best we can propose a form of senior appointments committee on Report Stage. I am disappointed that Senator McDowell indicated that he would have a difficulty giving favourable consideration to any proposal we put forward in that regard, particularly given his acknowledgement in amendment No. 90 in particular of the need for an alternative arrangement to the straightforward commission practice and procedure. We will revisit the issue on Report Stage and I will be asking Senators for their support. I acknowledge the welcome that Senator Bacik has given for such a procedure and I hope that can continue.

A point was raised regarding the application of section 36 to those who may already be serving in judicial office and have applied for further assignment, perhaps to a more senior position or a superior court.I remind Senator Bacik that section 36(1) reads, "The Commission shall not recommend the name of a person to the Minister unless the person—". Of course if it is recommending the name of a judge, that person will have served in that capacity and will have brought to that position the type of expertise that would be regarded as necessary and appropriate. The section states that the name of a barrister or solicitor can only be sent forward if the Commission has given due and appropriate regard to the experience, competence, and suitability of that person. That will not apply in the case of a person who has already shown competence as a member of the Judiciary. This provision is separate and distinct from the appointments under section 44 and I will have a separate and distinct arrangement in respect of that for us to consider on Report Stage. I would be happy to engage with Senators prior to coming back at a later Stage.