David Norris (Independent) | Oireachtas source

I have had to think about this because it is a little invidious to tell people that they have not been recommended. They would be smarting after that. It would be a little painful but, on the other hand, looking at the complexities of the Bill and other provisions which mean that the Government has to reveal things, it is obvious that this should happen and that we should attempt to break the omerta, or code of silence, that has been unconstitutionally imposed on the Attorney General in the Bill as currently drafted. Bizarrely, as the legislation stands, the Attorney General is forbidden, on pain of criminal offence, from revealing to the Cabinet any persons who sought judicial office as part of the commission's appointment process. That is absolute madness in my opinion and, yet, under this amendment, if the commission is unable to recommend any person, for whatever reason, it is obliged to provide the name of every person who put himself or herself forward to the Minister. Separately and just as bizarrely, the commission is only bound to provide the Minister with the applicant's education, professional qualifications, experience, character records and the results of any interview or test conducted by the commission in respect of the applicant if fewer than three persons are recommended for a particular position. We have a ridiculous situation full of contrasts and paradoxes but this amendment goes a long way to resolve those inconsistencies and paradoxes. I will certainly be vigorously supporting Senator McDowell's amendment.