Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Senator for the point he makes. There are circumstances in which the issue might be regarded as important.

Senator McDowell's referred to the current judicial appointments process and the capacity of the Houses of the Oireachtas to in some way bind the Executive. If followed through on, that would be serious. I am not sure if the Senator can draw on any further evidence to support his claim. I point to section 16 of the Court and Court Officers Act 1995, section 16(6) of which states, "In advising the President in relation to the appointment of a person to a judicial office the Government shall firstly consider for appointment those persons whose names have been recommended to the Minister pursuant to this section." I do not believe, therefore, that the warnings offered by Senator McDowell in respect of the relationship between the Executive and the Legislature are as serious as he would have us believe. I cannot recall that 1995 legislative but it could well be that these points were made at the time of its enactment and that the Minister of the day was satisfied to proceed with the section, the import of which is being followed in the case of the Bill we are discussing.

Government will be giving a due consideration and I do not believe that in any way interferes with the constitutional position of the Executive. I am happy to listen to Senator McDowell if he cares to go further on the issue, which I do not believe he is minded to do, but I am happy to accommodate him.

I am concerned, as with the previous amendments, that we would be in some way downgrading or reducing the status of the independent judicial appointments commission.I am not prepared to do that. If the Government were not to first consider the recommendations and names coming from the independent commission, the commission would be fatally undermined. It could be that Senator McDowell would welcome that. It would be consistent with his argument over the past few months and, ultimately, this is what he and his colleagues would like to achieve. I understand that position but I certainly do not agree with it and I am not minded to amend the Bill in any way that might undermine, or even downgrade the status of, the independent commission. I am not going to accept the amendment.