Michael McDowell (Independent) | Oireachtas source

-----talking about the same principle, namely, that vacancies cannot be filled on a pre-emptive basis. One cannot start a process for a non-vacancy on the basis that one thinks one would be creating it by effecting a particular outcome because this would prejudice the whole arrangement. That is what Senator Craughwell is talking about. He said that, in his experience as a teacher, it may take 18 months. I am stating that we have a process of four times three in respect of which would take either eight or 12 months to make the consequential judicial appointments to positions arising on foot of one vacancy.It will not be the case that the Chief Justice will frequently vacate office and, therefore, it is more likely that we will have cases whereby the process will take nine months rather than 12 months. I accept that. However, the Minister has accepted that it will not be permissible under the Bill to seek candidates to fill a vacancy created by appointing a judge of the Court of Appeal to higher office. This will lead to a sequential cascade of consideration of applications for positions going from the top of the Judiciary to the bottom, with separate recommendations, interviews, applications and advertisements required to fill each of the positions. That is implicit in the arrangement. Why would we do such a thing? While I was Attorney General or Minister for justice and Tánaiste, it was the practice, when an appointment to a particular court came before Cabinet, for the consequences of that appointment to be considered concurrently. Two, three, four or more appointments would be made such that all vacancies were filled on the same day and each of the courts could quickly function normally. The matter was resolved by the Government. The Bill will------