Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I do not intend to accept the amendment because the consequences of it have not adequately been thought through. What the Senators have in mind is a concept of "once recommended, always recommended". That can present difficulties in so far as the workings of the commission are concerned. I do not know how this would work. For example, would it mean that a person would be recommended for a period of a year or two years?Is it envisaged that a recommendation would remain live and active after two years? Would there be a requirement that a further recommendation be made in respect of a new vacancy or would the commission be obliged to have no regard for any person other than those individuals already recommended? If the intention here, as in the previous amendment, is to cut out the commission entirely, that would not be an acceptable approach. I refer to this "once recommended, always recommended" approach being used to circumvent the commission process. If the latter is the case, it is an unintended consequence that I cannot countenance.

I will provide an example. If there are three appointments over the course of a year, we could then have a bank of persons who would remain recommended. We could, for example, have nine names for consideration in respect of one appointment. That would obviously present a difficulty. There are practical problems. I do not believe the approach outlined is an appropriate way of dealing with things. It is fair to state that if we look at the Judicial Appointments Advisory Board, and the manner in which its recommendations are made, there is not, to my knowledge, any application of a once recommended, always recommended framework. Different specified requirements for candidates may emerge from time to time in the order of ranking. That would, of course, be prescribed by the procedures committee under Part 8. I am not going to accept the amendment. I fully understand the points made in support of it but having a situation where a recommendation remains live, perhaps for years, is not the best way forward.