Michael McDowell (Independent) | Oireachtas source

These are the criteria that the Government will apply but they are the criteria which the commission is expressly prohibited from even going near. The commission cannot ask Ms Justice So-and-So her views on social issues. It cannot ask her that question. It would be acting improperly were it to decide to put her on the list because she is a liberal. That would be improper. That is what is wrong with this whole idea of having promotional appointments dealt with in the way this Bill provides. Even if the Minister were, in exasperation, to make no amendments to section 44 and leave it as a matter for the commission, I would be equally opposed to that. I am absolutely clear in my mind that the proper constitutional thing to do is to leave the Government free to make promotional decisions among the Judiciary to the Court of Appeal and the Supreme Court without the input of people whose procedures expressly exclude them from considering matters which the Executive is bound to and does consider in making appointments. I am opposed to the amendment on that account.