David Norris (Independent) | Oireachtas source

I echo the comments of Senator McDowell. Before I address the amendment, it is worthwhile to put its exact wording on the record of the House:

In page 31, between lines 29 and 30, to insert the following:“47. (1) Nothing in this Act shall be construed as requiring a member of the Commission who is eligible for appointment to any judicial office to make an application to the Commission to be considered for appointment to that judicial office.

(2) A person to whom subsection (1) applies may notify the secretary of the Government of his or her wish to be considered by the Government for appointment to any vacancy in any judicial office.”.

It seems absolutely absurd that a member of the commission would be interviewed by fellow members of the commission and then, were he or she to be disappointed in his or her ambition to be made a member of the Supreme Court or another court, would have to go back and work with the members of the commission who had openly rejected him or her and stated that he or she was not fit to be appointed to the court, and then go on to consider the merits of another candidate. It is absolutely daft. Of course, that is my opinion and the Minister may differ. I note he is chortling and nodding to himself, so perhaps he will differ. More power to him. I do not see how he can oppose this amendment because it seems to me to be perfect common sense. It flies in the face of the common sense of which we hear so much in the admirable television series "Rumpole of the Bailey" that a sitting member of the commission must formally subject himself or herself to the commission's judicial appointment process only to fail and then return to work with the colleagues who failed to select him or her in the process. It is absolutely daft.

It equally flies in the face of common sense that a person seeking promotion through the court ranks or who wishes to become a judge would be selected by the same people with whom he or she had been working in selecting other judicial nominees. I would be very interested to hear the response of the Minister. I look forward to a prolonged, protracted and even, perhaps, tedious argument on this subject.