Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I too acknowledge the presence of the Maltese delegation. Through the Chair, I ask that my best wishes be conveyed to my colleague, the Minister for Home Affairs and National Security, Dr. Michael Farrugia, with whom I enjoy a very positive and constructive relationship at the EU Council. The original subsection (9), to which Senator McDowell referred, did not feature in the Bill as published. Section 46, as it was then, was amended on Committee Stage and replaced in its entirety with a new section that had the effect of transferring the senior judicial appointments advisory committee process into the mainstream commission process. It introduced ranking in order of preference and the carousel-type arrangement of seeking expressions of interest for the three top most judicial posts at three-monthly intervals. I stress the carousel aspect because the process has the potential to continue for a considerable time. There is no definitive end to the process, as Senators McDowell and Craughwell have adverted to. I agree that the subsection should be deleted. I am conscious that amendment No. 91a is an alternative to amendment No. 90 and involves the deletion of subsection (9).

I have indicated on a number of occasions that I am giving detailed consideration to a type of senior officials committee. I invite Senators to agree that idea worked well in the case of the recent appointments of the Chief Justice and the President of the Court of Appeal and that a similar type construction is worthy of favourable and positive consideration. I intend to table amendments to section 44 on Report Stage.

While I support the removal from the section of the current subsection (9), I would prefer to tackle it by way of a broader approach to dealing with the challenges arising under section 44 as a whole. On that basis, and as we appear to have reached agreement, I ask Senator McDowell to withdraw the amendment while, of course, reserving the right to resubmit it on Report Stage. At that stage, Senators will have had an opportunity to examine in detail my alternative which will, in effect, be a more extensive approach to dealing with section 44.