Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not wish to give any further oxygen to the fanciful notion of cascading vacancies on a regular basis. Both Senators will have to accept that the language of the past hour has been dramatic, to put it politely. What they said would happen will not happen. I am concerned to ensure that the courts run smoothly and that there are no delays of any description. We originally had 18 months and that was reduced to six months while, following Senator Craughwell's intervention, it has now been reduced to four months. There should not be any delays.

The problem the Senators have is hostility to embracing any form of change. My Government colleagues and I are introducing a new, reformed appointments system which will, for the first time, include serving judges. Over the past number of weeks, I have examined in detail the nature, substance and consequences of Senator McDowell's amendment. I agree with him that every effort should be made to ensure there is not any undue delay, or a delay of any description. I am concerned that, were the amendment to be accepted, there could be a presumption that all consequential vacancies should be filled by sitting judges. That would be a misrepresentation and would prevent the potential pool of candidates from including people from outside the current Judiciary. Under the reformed system we will facilitate applications by legal academics and other people who might not rub shoulders with Senator McDowell on a daily basis. My concern is to ensure that, under the current formulation, there is nothing that might impede or slow down the filling of any vacancies or create a cascade of consequential vacancies. I do not see the domino effect that has been painted by the Senators arising.I will not accept the amendment. It is important that getting at the heart of this reform legislation is the fact that, for the first time, shape and form will be put on the matter of the appointment of sitting members of the Judiciary to a position that may become vacant. I agree with Senator McDowell that the positions should be taken very seriously, the application form should be particularly detailed and the process should be transparent and comprehensive. We do not have that under the current system and it is a weakness. I do not make any apologies for a requirement that, in the event of persons wishing to make an application, they would do so in a way that is transparent, fair and befits the job at hand. A mere tap on the shoulder in the lobby of the Four Courts is not a sufficient means by which the seriousness of the position could be dealt with.