Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I have already set out, in respect of previous amendments, the policy concerns I have about aspects of this process. I have underlined the Government’s approach to the question of the promotion of judges and requirements generally for the promotion of judges to be administered by the commission in the selection and recommendation of persons in that connection. We have passed section 39.

I want to make it clear that the provisions of section 62 will apply in cases as the no canvassing provisions. The exercising of influence and the matter of improper influence apply to an applicant under section 39 or a person who may have expressed an interest under section 44. My intention is to retain the requirements of section 39, whereby any person, including a judge, other than for the post of Chief Justice and the two most senior presidential posts, must apply to the commission when he or she wishes to be considered. I have already indicated that further work needs to be done ahead of Report Stage in respect of the top three positions. Amendments in this respect will centre on section 44.

Under the new system, I do not envisage the type of channel of influence or expectation to which Senator McDowell referred. I do not believe there is a need for one, even in respect of what the Senator described as a celebrated barrister or candidate.