Michael McDowell (Independent) | Oireachtas source

He used the word "regularise" as if to say that what has happened in the past is somehow irregular and I object to that proposition. There is nothing regularising about this Bill. In my view, it is this Bill which is irregular. The Minister is not regularising the appointment of judges by putting this system in place.

The Minister went on to claim that this will be far more transparent. How will it be transparent? How will anybody who has been rejected know why he or she was rejected? How will the Government know why people who appear to be eligible are not getting shortlisted? How can that happen if the Attorney General cannot even comment on who has failed to be shortlisted on a number of occasions? It simply is not transparent. There is nothing transparent about it at all. In fact, it is all circumscribed with confidentiality and criminal sanctions for telling us the reasons behind what went on.

It is now being suggested that sitting judges should go through this procedure in every case but has anybody sought the views of the Judiciary on that? I have not seen it expressed that sitting judges should be vetted by a body for appointment to the Supreme Court. If judges have expressed that view then all I can say is that the Constitution says differently.