Charles Flanagan (Laois, Fine Gael) | Oireachtas source

The point of reference to Senator Bacik was that her amendment was to the effect that the Government would be mandated to give appropriate consideration to the order of ranking. To my mind this is where it would impinge on the free hand of the Government in respect of the constitutional requirement. In any event, looking at Senator McDowell's scenario, the practice, as I envisage it, will be that if a person who is recommended is not appointed that person may well be the subject matter of a positive recommendation at the earliest opportunity thereafter. This will be an issue of which the Government will be mindful. There is a practical solution to the point without introducing a new concept, which the amendment envisages, and that is that once a person is recommended that recommendation remains for however long the legislation might deem fit. I see what the Senator is saying about the time limit. I am not minded to introduce an amendment with a time limit. Rather, I see a practical solution to this, which I am confident the commission in its wisdom will be mindful to apply.