Seanad debates
Tuesday, 5 March 2019
Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)
2:30 pm
Michael McDowell (Independent) | Oireachtas source
If the Government really does have unfettered discretion in this matter, how could anybody defend the proposition that it should be kept in the dark about the fact that the five presidents of the courts of Ireland, holding office under the Constitution, are opposed to a particular appointment and wish to inform the Government as to why they think it is unsuitable? If the Government has unfettered discretion, why should it not know that fact? It is all very well to talk about discretion, but discretion can only be exercised in the face of knowledge. One should know that there are two sets of circumstances. How can one have unfettered discretion if one has to play blind man's buff, put earphones on, and not know how one is exercising such discretion while pinning the tail to the donkey with a blindfold over one's eyes?
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