Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I refer to sections 27 and 28 because I do not believe we can read the amendments, in particular amendment number 86d, without reference to the confidential information and the duty of confidentiality of certain proceedings and matters, as evidenced by the sections 27 and 28 of the Bill that have already been passed. From listening to Senator McDowell, it seems this is about the role and function of the Attorney General and the manner in which the person in that office may be obliged or prevented from communicating with the Government or the Cabinet on the matter of the recommendations. It seems Senator McDowell is most concerned about the confidentiality requirements of the Bill and that those requirements imply the Attorney General will be unable to tell the Cabinet the names of the persons who have not been recommended by the commission.Previously, we heard an example of a situation where the Cabinet was minded not to appoint a recommended person and the Attorney General was asked about another applicant. I must repeat what I have said a number of times - it will not be lawful for the legal adviser to the Government, namely, the Attorney General, to advise the Government against the recommendations of the commission in the context of there being a better candidate, be that an exceptional barrister or a celebrated lawyer. The fundamental requirements of confidentiality are evidenced in sections 27 and 28. They make it clear that a member of the commission, except for the purposes of the Bill once enacted, shall not in respect of persons applying for judicial office disclose, among other matters, the proceedings of the commission. The Attorney General is a member of the commission and will presumably be participating fully in the deliberative process. As a member of the commission, he is bound by the same statutory obligations as other members of the commission. It seems to me that the Bill is clear on these matters. Therefore, I am not prepared to accept the amendment.