David Norris (Independent) | Oireachtas source

I will make a couple of points. First, I do not agree with my distinguished colleague, Senator McDowell, in objecting to the word "job". Being a judge is a job. They get paid for it and they do it. It is a job. Let us not be snobbish about it. We do not all live in Rathmines. Second, the Minister has described this as undesirable. In what way is it undesirable? Can he give reasons for considering this process to be undesirable?

Many years ago - it must be over 50 years ago - a job came up in the English department in Trinity College. Some 47 people applied for it, and I was given the wink. I had not been considering applying for it; I did not think I would get it. I did apply for it and I got it. It was amazing, particularly since the leading candidate delighted me because they asked him what he thought about Anglo-Irish literature and he said he would prefer not to think about it at all. That was the end of him, and I got the job. I am very grateful for this idea of being able to let somebody know about a job because there might be a very good candidate who had not thought of it, was away on holidays or whatever.

On the idea of letting somebody know that the Government regards them as suitably qualified and a proper person, the Minister is talking about openness and transparency. Surely to God that is openness and transparency. There is no intention of concealing this. If the Minister would prefer, we could insert an additional form of words in the amendment saying that this correspondence had to be published in Iris Oifigiúilso that the public would know about it. I have no problem with the public knowing but I certainly believe that a member of the Judiciary should be allowed to know that the Government would look favourably upon his or her candidacy.I am struck by the logic and justness of Senator McDowell's argument that if there are only three candidates - there is a limit of three on these shortlists - and if all three are regarded by the Government as not completely suitable, what is it to do? It could issue advice to all of those involved or make a special broadcast on Raidió Éireann to the effect that there is a judicial appointment coming up but that the three boyos who are in for it are all useless and that it would therefore like to solicit applications from others. What is proposed seems to be a nonsense. Senator McDowell is well advised in what he says regarding the constitutionality of it. This is, to quote a favourite phrase from my late brother, the rock upon which the legislation might perish. Perhaps the Government thinks that would be quite a good idea. Perhaps it secretly approves of the work that Senator McDowell and I, among others, have done in laying the foundation for a review of this legislation regarding its constitutionality.