Michael McDowell (Independent) | Oireachtas source

On the previous occasion we were discussing the meaning of section 37, insofar as it disapplies Chapters 1 and 2 of Part 7 of the Bill to a judicial office to which section 44 applies. This means it disapplies the provisions of sections 38 to 43, inclusive, to the offices of Chief Justice, President of the High Court or President of the Court of Appeal. This would be all very well, except when we go to section 38 we find that the disapplied provisions include information on the selection procedures and other matters being set out in a published statement and the advertisement of an invitation for selection applications. It also disapplies provisions to do with applications for appointment to judicial office. The provisions of sections 40 to 43, inclusive, which deal with health and other issues, are also disapplied with regard to appointments to those offices.

Why is this being done? Section 37 really makes no sense unless the commission is extracted completely from the process of appointing persons to the position of President of the High Court, President of the Court of Appeal or Chief Justice. There is no logical reason to disapply these general provisions unless section 44 is amended. This is the point I find a little bit disturbing. The Minister has had plenty of time, and he has complained about the amount of time the Bill has taken, to indicate and table an amendment to section 44 that we could consider on Committee Stage. He has not done this. He is keeping his cards close to his chest. Has the Government come to a view that section 44 cannot stand part of the Bill? Is this why section 37 is being left in?