Michael McDowell (Independent) | Oireachtas source

I move amendment No. 83a:

In page 27, line 16, after "Part" to insert ", and notwithstanding the provisions of section 37".

This amendment would provide that section 38, effectively, would not be disapplied by section 37. The structure of the Bill, as it currently applies, indicates that section 38 will not apply to senior appointments, whatever they may end up being, under section 44. By inserting these words, "and notwithstanding the provisions of section 37"", it would be made clearer that in all cases and for all appointments, the commission would be required to publish "information on the selection procedures and the other matters that are set out in a published statement", as well as for all appointments invited "through means of advertisement, the making of applications by persons to be considered for selection, that is for their being selected to be the subject of a recommendation for appointment to judicial office" and that in all cases it should be enabled to "do such other things as it considers necessary to enable the commission to perform its function in relation to selecting persons to be the subject of a recommendation for appointment to judicial office". In effect, as I read section 37 which the Minister has insisted remain in the Bill, it is intended that it will disapply section 38 in the case of some appointments. I am trying to ensure it would apply to all appointments, not just to a majority of them.