Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not accept that there is a need for a back channel, or even a front channel, as evidenced. I do not believe there is a need for one where a person can make direct representations in furtherance of his or her application. Accordingly, I am not in favour of the approach adopted in amendment No. 86c.

Section 39 must be seen as key. It provides that a person, including a person who for the time being is a serving judge or a relevant officeholder, who wishes to be considered for appointment to judicial office, will make an application to the commission. That application will made be in writing or in such other format as may be specified. For all appointments, other than the three positions envisaged under section 44, it is clear that the only method for entering into the process will be by direct application to the commission. Accepting amendment No. 86c would impact seriously and adversely on the Government’s policy. It would cross in a real and significant manner the matter of the promotion of serving judges and how it is managed.

In spite of what Senator McDowell said, it is important that we move towards a much more transparent process, as described by Senators speaking in favour of the Bill. It is also something of a level playing field in the making of appointments, including appointments of people who might be serving judges either across the line or a what might be regarded as another lower court level. It is a fundamental tenet of the Bill that we are extending the remit enjoyed by the Judicial Appointments Advisory Board, JAAB, which has nothing to do with the elevation of serving judges as it is bypassed in the current system. I invite Senators McDowell and Norris who are dealing with this legislation on a line by line basis to agree with me that the current situation with the JAAB is less than satisfactory if a serving judge in any particular court wishes to be considered for promotion. "Promotion" is not a word that is entirely appropriate, but it is used in everyday language. It is about moving from one court to another. It can be called promotion or elevation. The fact that a process is lacking is in need of attention. However, it might easily be built-in by way of application. I remind Senators that we are moving towards a reformed regime where we will have a more comprehensive and transparent process of selection, recommendation and nomination as happens in other jurisdictions. I do not accept that there is a need for the type of channel mentioned in the course of the debate.