Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not wish to contribute further to what has been a rather circular argument for a number of weeks but I want to acknowledge the importance of the points raised by Senator McDowell, with particular reference to the constitutionality or otherwise of this part of the Bill. I again point to section 40(3) which specifically states that nothing in the section shall be construed as limiting the advice the Government may give to the President on the appointment by the President, under Article 35 of the Constitution, of somebody to the position of judge. That is sacrosanct throughout this Bill. Of course, I would be unwilling to accept any aspect of the Bill that might give rise even to uncertainty in that regard, and I have listened very carefully to the points raised by Senator McDowell and I welcome the points he raises. I wish to reassure him that, ultimately, the discretion on the part of the Government is uninhibited by this Bill and that is at is should be.