Michael McDowell (Independent) | Oireachtas source

The answer to that is either "Yes" or "No". If the answer is "No", as Senator Norris seems to think is the case, it only increases my worries and deeply held sentiment that the Bill is intended to have an unconstitutional effect. Imagine the Cabinet getting the names of three people it is not keen on for appointment and someone asking whether Ms Justice or Mr. Justice so and so would be better. The Attorney General could advise the Cabinet that so and so might be better. Before the Cabinet said "No" to the three, the Minister for Justice and Equality would presumably ask whether the person under discussion was remotely interested in the job. The Attorney General, however, would not be allowed to tell the Cabinet whether the person in question had made an application and been turned down a number of times. Since the Minister has rejected the last amendment, nor could the Attorney General tap that person on the shoulder and invite her or him to indicate whether she or he is interested, as that would interfere with the so-called level playing pitch.

I listened to the Minister's disposition. It reminded me of F. E. Smith, Lord Birkenhead, when he was a cheeky barrister making a long submission before a particular judge. The judge was an irascible and impatient man. He told Mr. Smith that, having listened to him for an hour, he was none the wiser, to which Mr. Smith said: "None the wiser, perhaps, my lord but certainly better informed." I now wonder whether I am in any sense informed as to whether the Minister is saying that the Attorney General must keep it a secret from the Government-----