Michael McDowell (Independent) | Oireachtas source

We are dealing here with a fairly basic constitutional principle and just to say it is undesirable while denying this House the right to make an amendment to make it clear that it is possible seems to me to be attempting to use this legislation to frighten any future Government away from exercising its constitutional prerogatives. Why is it undesirable? Supposing a cabinet looks at a shortlist of three for some position in the courts and it decides that it is not happy with those three, what is it to do? If the Minister is saying that the Attorney General cannot ask anybody else if they are willing to take the job and that nobody else can indicate that they would be willing to take the job - I do not like the word; I prefer "position" - , although he says he is preserving the Government's constitutional prerogative, he is no longer providing a means whereby it can be exercised. If the constitutionality of this Bill was being considered, a court would have to interpret it in a manner which is consistent with the Constitution. If the court came to the view that there had to be a channel of communication between the Government and candidates for the Judiciary where it rejected the shortlist, is the purpose of this Bill to close off those channels of communication or is it not?