Michael McDowell (Independent) | Oireachtas source

Yes. As a member of Government, he or she has undertaken a constitutional office. At least members of the Government are given by the people under the Constitution the role of deciding who they should recommend from among the Judiciary to vacancies for the position of ordinary judge of the Supreme Court. I cannot see any basis in the Constitution for saying the Government should not find out who is eligible and that the Government should be kept in the dark as to who would like to be promoted and instead is to be told only about a shortlist of three ranked in order of preference by people who are not going to the make the decision. That is not advice as it currently exists. That is an attempt to force the Government to carry out the wishes of the commission, by keeping it in the dark, which the Minister says is the purpose of this Bill. In my view it is unconstitutional.

I wish to be clear that I am objecting to the idea of a senior legal appointments committee only concerning itself with three positions, namely, the presidencies of the three courts. Frankly, it is not all that important. What one needs for the President of the High Court is a person who can manage other people, and who has experience of the court. One needs someone who can manage the court system and keep it firing on all cylinders, keep the Judiciary motivated and keep them organised and serviced as best he or she can. The Government, the Attorney General and the Minister for Justice and Equality are far better positioned to make that call than a group of people who are not concerned with the day-to-day operation of the courts.