Michael McDowell (Independent) | Oireachtas source

I have seen them and they function in exactly the same way as ordinary members of that court. One takes them as if they were ordinary members of the court because they have been invited to act as ordinary members of the court. It is not like saying they are civil servants who are acting up; rather, they are different. Under the Constitution, a judge has significant power and is being asked to act in a different capacity. What the Minister is saying is that he or she cannot be appointed to act in that different capacity on a permanent basis, unless he or she submits himself or herself to scrutiny outside the governmental structure to see whether he or she should be shortlisted to carry out such a function. I am wholly opposed to that principle and it will not improve the Judiciary; rather, it will seriously inhibit members of it in indicating a willingness to accept appointment to the Court of Appeal and the Supreme Court.

The Minister makes fun of my use of the term "embarrassment". If someone has been a judge of the High Court for 20 years and would like the Government to consider appointing him or her to the Supreme Court, he or she will write a letter to the Secretary to the Government and simply say:

Dear Secretary,

I understand there is a vacancy coming up in the next three months or whatever time period. I would like the Cabinet to be aware that I am ready and willing to accept appointment, if the Cabinet considers that to be appropriate.

That is not canvassing. It is simply saying, "I am here."