Seanad debates
Tuesday, 22 January 2019
Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)
2:30 pm
Michael McDowell (Independent) | Oireachtas source
It affects them, albeit indirectly and distantly. Article 26 has functions, one of which is to deal with situations where something the President is considering signing into law appears constitutionally appears suspect. Another function is in circumstances where the President comes to the view that it should not become law until it is tested because it is unlikely that an action will be taken subsequent to his or her signature of the Bill and its promulgation as a law that somebody will be in a position, without significant embarrassment, to make such a case. The Minister criticised me for using the term "embarrassment" in the context of asking sitting judges to make applications for all promotional appointments. Surely it would be far more embarrassing if a member of the Judiciary started an action, the subtitle of which is the pop song "It Should Have Been Me".
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