David Norris (Independent) | Oireachtas source

Another difficulty with the synchronicity of the numbers became clear to me when I read the explanatory memorandum:

Making of recommendations: certain functions

Section 40 provides that the Commission may make available information on the selection procedures through such means as it considers appropriate. The Commission must advertise for applications for selection for appointment to judicial office.

I think that very clearly refers to the section we are looking at. I will be very brief on this occasion. I have to bow and show deference to Senator McDowell's legal expertise but I am not entirely convinced that the phrase "notwithstanding the provisions of section 37" will actually have the effect of reversing it. I would prefer something like "and the provisions of section 37 do not apply in this instance" to be included in the Bill. If we include the word "notwithstanding", it will mean that section 37 will be kind of put to one side. It will not mean that it will be absolutely negated. That is what I think, but maybe I am wrong. I am just wondering. Perhaps the House might hear from Senator McDowell on this point.