Michael McDowell (Independent) | Oireachtas source

This amendment and the next amendment relate to timeframes. This amendment sets out that:

Nothing in this Chapter [which is chapter 3] or Chapter 4 shall operate to prevent the Government, where it considers that it is necessary or expedient to do so by reason of urgency or for other sufficient reason, to advise the President to appoint a person to fill a vacancy in a judicial office to which section 44 applies without any request being made by the Minister to the Commission in accordance with that section.

The purpose of the amendment is to provide that where the Government considers that it is necessary or expedient, by reason of urgency or for some other sufficient reason, to bypass the commission and to fill a vacancy in an office to which section 44 applies without going through the commission, it effectively gives the Government the green light in such circumstances to make such an appointment. It would defeat the whole purpose of the Act if the Government could just do it for no reason at all. It would have to be necessary or expedient to do so by reason of urgency or for sufficient reason and that is what this amendment is designed to bring about.