Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I understand where the Senator is coming from with his new amendment No. 91c. However, given that the amendment operates on the basis of the existing section 44, we have considered similar amendments and texts previously. Senators will be aware that the existing section 44 is not in keeping with my particular position on the matter. I will table amendments on Report Stage that will, if agreed, revert the direction of section 44 towards the specific procedure that we mentioned on numerous occasions in the House that will be applicable for the selection of what we have been describing as the three senior judicial posts where recommendations or the engagement on the part of the commission will neither be required or applicable. In that arrangement, the amendment as put forward by the Senators would be obsolete and, therefore, I will not accept it for that reason and reasons we discussed on previous occasions with particular reference to the three most senior positions. I am very much aware of Senator McDowell's difficulty with that, and the expanded and further developed regime he would like, but I am not inclined to expand it further or to develop it beyond the three positions.