Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I very much welcome the comments of Senator Bacik. I also acknowledge her constructive and positive approach to the legislation. I accept what she says about her contributions not being in any way associated with the filibuster, which has been openly admitted on the part of her colleagues. I agree with her on the matter of compromise. This is the essence of Committee Stage debate. I have listened very carefully, and will continue to listen very carefully, to the views of all Senators.

We speak about careful consideration but my understanding is the amendments before us were submitted at a very late stage. Notwithstanding this, I was very keen that we would have the type of debate we are having this afternoon on them. I am very pleased Senator Boyhan withdrew his unfair and untrue remark. He has now accepted in his withdrawal that it was inaccurate, untrue and unfair. I hope we do not have a repetition on the amendment before us.

I accept the points that have been made but I would prefer to leave these issues of the decision to the commission and not have a situation where we introduce minority or dissenting reports to the Government, which would have the effect of creating havoc at some stage. For example, if the majority of commission members recommend candidates A, B and C and a minority of three would prefer candidates D, E and F, under Senator McDowell's amendment they would notify the Government. Another three members of the commission could exercise their preference in favour of candidates G, H and I, and forward a further report to the Government. We would have a situation where the Government would have three reports from the commission with nine candidates from which it would be obliged to pick one. I would regard this as being less than satisfactory and has been against the spirit of the Bill. This is why I am reluctant to include it in the letter of the Bill. We should not stray into the business of minority and dissenting reports, particularly in the sensitive area of appointments and recommendations. The sensitivity of the issue is probably something that has exercised Senator McDowell more than any other issue by way of common thread and I agree with him in this regard.I am not minded to accept an amendment which would introduce the concept of a number of reports coming to the Government. This would mean the Government would not have a clear message from the commission. Uncertainty, doubt and inability on the part of the commission to make a clear recommendation is not desirable in the circumstances.