Michael McDowell (Independent) | Oireachtas source

I move amendment No. 93c:

In page 31, between lines 29 and 30, to insert the following:“47. It shall be the duty of the Commission to notify every person who has applied to the Commission to be considered for recommendation for appointment to any judicial office as to whether or not such person has been so recommended by the Commission in accordance with the provisions of this Act.”.

This amendment is designed to make clear what the situation is regarding the commission's obligation to persons who applied for appointment to a judicial office. The Minister has referred the House a number of times to section 53(5)(h), which relates to the obligation on the commission to observe "the need for good standards of communication with applicants for judicial office, and the provision otherwise of a good standard of service to them in respect of applications made by them under this Act". The Minister has implied a number of times that this may be seen as imposing on the commission an obligation to inform a candidate for judicial office of whether he or she has been short-listed. In my reading of it, though, it does not have that clear effect. Therefore, we have tabled this amendment. I hope that it will be accepted. I cannot see any reason for it not to be. Why should we rely on section 53(5)(h), which is a watery-----