Gerard Craughwell (Independent) | Oireachtas source

Looking at the methodology we are talking about using here, it is quite similar to what is used for appointments in the education system. Where a deputy principal is appointed as a principal, his or her post cannot be advertised until it has been vacated. The backfill works its way down the line. It is my experience that it can take up to 18 months to clear a backfill of this nature. With what we are discussing, a judge of the Supreme Court could be appointed as Chief Justice and if we have to go back to the commission to replace him or her, it would take time to do so because of advertising and all the work that goes with it. One cannot use the same panel and there is no panel system in the legislation. The post must, therefore, be re-advertised before applicants can come in for interview and assessment. Eventually, three names would be given to the Government, which may choose any one of the three people involved. However, I go back to my original point that it does not have to do so. The Government can decide under the Constitution that it does not like any of the three individuals and can recommend to the President the appointment of whomever it likes. If a High Court judge is appointed in the Supreme Court position, there would then be a vacancy in the High Court. As this process works through, there would be an ongoing vacancy in the system. I can almost guarantee that by the time we get to the end of the line, we would have to start all over again because the Chief Justice would probably have retired by the time every vacancy had been filled.

I see the Minister shaking his head and I understand from where he is coming. I have great difficulty with this. We had a little discussion on the Order of Business about the amount of time this Bill is taking. I put on record that this is not a game we are playing or a filibuster for the sake of it.This is a genuine concern on the part of Senators Bacik, Norris, McDowell, Boyhan and myself. There is a genuine concern that we are putting through a Bill that at the end of the day has no real teeth. I am not convinced that even the Government is supportive of this, not all of the Government anyway. Our job is to challenge this. If we cannot defeat it then we have to change the Bill and make it more robust and less open to challenge. We are privileged, in my view, to have my colleague, Senator McDowell, a former Minister for justice, Attorney General and Tánaiste, and a man with a distinguished record in the courts. I know the Minister will accept that and he is not short of being distinguished himself.