Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The last time we considered this Bill, we discussed the proposed disapplication of certain provisions to certain senior posts. I accept Senator McDowell's point that this is significant and important. I have already indicated this evening, as I did on the last occasion, that I intend to bring forward an amendment on Report Stage as a solution to the position of the most senior appointments. I urge Senators to give it due and careful consideration. The proposed amendment will ensure any conditions - they may be referred to as "obstacles" by Senator McDowell - under Chapter 2 of Part 6 that need to apply will, in effect, apply. If we are to have some kind of bespoke recommendation process relating to the top posts, of course we will need to ensure the general run of application and recommendation procedures will not apply to such posts. That is why, in any event, the provisions of section 37 of the Bill are needed from a drafting point of view. I want to labour the point that I intend to have a separate and distinct arrangement for us to consider on Report Stage. I acknowledge that the Senator and I differ on this issue as far as the whole range of court appointments is concerned. I am very keen for us to reach agreement on an approach to section 44. I urge Senators to acknowledge the importance of having the top three positions distinct and separate. I ask them to assist in ensuring that is the case by reaching an appropriate and suitable agreement on how best this can be managed within section 44.