Michael McDowell (Independent) | Oireachtas source

I was pointing out that section 47 envisages that where a person who is a member of the commission wants to seek to be recommended to the Minister, that person must effectively step aside from the commission and not participate in its activities at all during that process. That sounds reasonable at first blush because it would be most remarkable if a would-be appointee voted on his or her own appointment. That would be strange indeed and one would imagine that there is a lot to be said for requiring the person involved to absent himself or herself from the proceedings of the commission while his or her name is under consideration. However, this brings a broader question into focus in an instance where the President of the High Court might seek appointment to be an ordinary member of the Supreme Court or an ordinary member or president of the Court of Appeal. In such a case, what is the reality of him or her stepping aside from the process while his or her colleagues, in his or her absence, consider whether he or she is suitable to be shortlisted for appointment? What would be the consequence if his or her colleagues decide he or she was not suitable?