Michael McDowell (Independent) | Oireachtas source

We are now discussing section 46 and a number of amendments that have been proposed to it. I am opposed to adopting the section for all of the reasons that have been rehearsed in the debate on those amendments, including Senator Bacik's objection and the matters referred to just now by Senator Norris.

First, it should be remembered that an amendment was tabled to allow three members of the commission to intimate dissent so that the Government should have some clear view that these decisions are not all unanimous when that is not the case, and that was rejected.

Then there was a further amendment dealing with the situation that arose - we discussed this on the last occasion - that if a person is recommended for a vacancy, say, in the Court of Appeal, he or she should remain to be regarded as a person who the Government may have regard to in making an appointment even if a subsequent list comes in with three other names on it.

We are now being asked to effectively make provision for section 44 although, as Senator Norris said, it is a long time since the Government was called upon to indicate exactly what it was proposing in respect of section 44.