Michael McDowell (Independent) | Oireachtas source

That would hardly be an edifying or proper position in which to put a judge, as the only person who could really protest about the new method of requiring all judges to submit themselves to external adjudication and exclusion by a process which is utterly non-transparent, from being shortlisted or made available to the Government as a would-be appointee. That judge would have to litigate. It would be deeply embarrassing and unedifying. It is wrong to put anybody in that position. If anybody was of the view that this process tended to subvert the independence of the Judiciary by requiring its members to periodically and frequently make applications for promotional appointments, a phrase which I use loosely, that person would find it exceedingly embarrassing to make a claim that the process somehow prevented him or her from being shortlisted, especially since he or she would not be told that he or she had been shortlisted or not. We would have all sorts of discovery issues and other unsatisfactory aspects.

With regard to the remarks attributed to the Minister for Transport, Tourism and Sport about the new ruse of having the Judiciary look at this under Article 26, it is not a ruse at all. It is a perfectly sensible issue for this House to consider when it is trying to come to the view of whether there are constitutional difficulties which should make us hesitate. It is interesting to note what the Minister, Deputy Ross, is reported as stating on this subject byIrish Independent. The article in question reads:

"By delaying the judicial bill in the Seanad, they're perpetuating political patronage, they're perpetuating political favours," the minister said in an interview with the Sunday Independent.

"That is what they are doing. So, if that's what they want to do, let them say so," he added.

"They're not dictating policy because they are not introducing new policies. They're quite destructive, that's all."

It continues with a fascinating statement that those behind the delaying of the legislation were "horribly powerful" people, then the Minister stated, "We beat the vintners and we're going to beat the judges and barristers." Those are shameful words from any Cabinet Minister.