Gerard Craughwell (Independent) | Oireachtas source

I thank the Minister for his response. I am minded to support his amendment. I wish to clarify the situation. Let us suppose a vacancy arises, such as for an ordinary member of the Supreme Court, and the Minister informs the chairman of the commission that we need to establish a board to fill the vacancy. If I am correct the Minister is saying that the responsibility of the Minister for Justice and Equality starts and stops at that point; the Minister would say, "We have a vacancy, Mr. Chairman, set about filling that vacancy and off you go."

Let us get back to the issue of the balance of the Judiciary and the issues to which I referred a few minutes ago with respect to the human rather than political characteristics. I understand from where the Minister was coming when he used the term "political", but I tend to look at them more as human characteristics. There are people who are of a very conservative nature in their views. We saw that in recent referendums. Is the commission within its rights to sit down and consider the current make-up of the Supreme Court or High Court and agree among its members that people with criminal, company law or constitutional expertise are required for a particular vacancy, and then to further classify persons as being conservative or liberal in their views? In such a situation one would find that, in effect, the commission is tailoring the position. Last night, Senator McDowell made the point-----