Michael McDowell (Independent) | Oireachtas source

I am talking about more practical experience of it. I do not believe the law of libel would be the issue. I do, however, believe there could be a judicial review if some member of the Judiciary was to find that he or she had been reported on adversely by an outside expert to the judicial appointments commission by whatever means. Taking Senator Norris' point seriously, any such report would occasion qualified privilege. It is very unlikely, therefore, that any action for defamation would lie. For there to be a challenge to the judicial appointments commission's procedures, it is quite possible that a judge whose application was farmed out to a third party for a preliminary examination would seek to discover this or make some argument based on his or her premature rejection in a report to the commission. The Minister has said he would see it applying to a narrower category of appointments. I would like him to indicate the narrower category he would be willing to accommodate in his proposed Report Stage amendment that would exempt sitting members of the Judiciary from being vetted by third party strangers in this way.