Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I will make some brief points in response to the Senators' comments. The Bill does not preclude applicants being told by the commission whether or not they were short-listed. I invite Senator Craughwell in particular to look at amendment No. 87b. I look forward to his support and that of Senator McDowell when we come to that amendment.

Senator McDowell spoke in dramatic language about cascading appointments. I point him to section 53(5)(e) which states that the matter of the procedure set out by the commission will be in the best interests of due process and will, I am sure, bear in mind the points that have been raised regarding undue delay. The selection procedure will be set down by the commission and it will be required to ensure that the process is not only transparent - for which we are providing here for the first time but the Senators appear to have a difficulty with it - but smooth. For example, a not unlikely scenario would be a vacancy on the Supreme Court for which up to five members of the High Court may wish to express their interest and may wish to be considered. It is entirely meritorious and desirable that they should be required to express that interest in written form, that the merits or otherwise of their attributes, expertise and experience would be considered by the commission - I make no apologies for that, that the commission would in due course, in accordance with due process, make a recommendation of three to Government, and that in early course the Government would consider those three recommendations and make a decision having regard to the Act and the Constitution. I do not believe we will be in the dramatic territory outlined by Senators McDowell and Craughwell. The process will be determined and should not involve any great measure of delay, undue or otherwise.