Seanad debates

Tuesday, 5 February 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

2:30 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

Three is the maximum and, therefore, there is nothing to suggest whatever that there could be four, five or six on the long list. Supposing the commission were sufficiently bloody-minded, there would be nothing in the Bill, I believe, to stop it from putting the same three names back again. The Government could ask for three names but there is nothing to say they should not be the same names again, particularly if the commission fully and strongly believes they were by far the best candidates for the job.

I may have misinterpreted what the Minister said but I understood him to say that, regardless of anything else, the Attorney General could let a prospective candidate know the position is vacant. I am not sure whether I heard him correctly. That is what he seemed to me to say. Perhaps I will check the record and see whether my recollection is right. Is it the case that the Attorney General could let a prospective candidate know? The Minister might say it is not. He has implied, with regard to the Government contacting somebody, that there seems to be a revolution. It is just gas-bagging. If the Government is allowed to contact a potential candidate, in what sense is it any more desirable for the Attorney General to do exactly the same thing, presumably on behalf of the Government?

I presume there is provision in the legislation for re-advertising. Perhaps the Minister could point out exactly where. I seem to have shadowy memories of it. I refer to where three people have already been named.

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