Charles Flanagan (Laois, Fine Gael) | Oireachtas source

On a technical point, it must be said in the first instance that, whatever about the merits or otherwise of amendment 86(f), I have no doubt that it would sit better if it were closer to section 11(8), to which it more appropriately relates. I am happy to have a look at it in that context.

I have listened to Senator McDowell and I am somewhat concerned about the motive for the amendment. On one view - and I invite Senator McDowell to agree with me - it would appear that the intentions of the Senator are simply to ensure that serving judges should not be subject to an evaluation or assessment of their suitability for appointment to a particular judicial office, where such assessment is conducted by advisors or consultants who may, from time to time, be assisting the commission. If that is the case, I believe there is merit in so exempting serving members of the Judiciary from any such assessment or evaluation. I will reflect further on it between now and Report Stage, with a view to bringing forward an amendment.

However, any amendment will be to section 11(8) because I believe it is a more appropriate location for such a subsection in the Bill. If Senator McDowell was to accept that there is no other motivation for such an amendment, I would be happy to accommodate him by way of an appropriate draft on Report Stage, taking on board the importance of what he had to say.