Michael McDowell (Independent) | Oireachtas source

I think the Senator is saying that the section 53(5)(h) does not deal with the point that I made.

To return to section 40(2), to which the Minister drew our attention a moment ago, it is very clear. It states: "Where this subsection applies, the Commission shall [not may] in accordance with this Act, recommend to the Minister, in respect of the judicial office concerned, the names of 3 persons, ranked in the order of the Commission’s preference." It is a mandatory requirement to do the ranking and is not optional, as I read it.