Michael McDowell (Independent) | Oireachtas source

I am not trying to be difficult but the important point is that the Minister has said that is a special committee regime for appointment to the position of President of the High Court or President of the Court of Appeal. That is the model the Minister has proposed for section 44. This is different. This is dealing with the President of the High Court becoming an ordinary judge of, say, the Supreme Court. It is not a section 44 appointment at all according to the Minister's model under that section, although it would be different if he had accepted my model of that section. On his model, it is a job for the commission to fill ordinary positions in the Court of Appeal and Supreme Court. If the applicant happens to be the President of the Court of Appeal or High Court, applying for one of those positions, the Minister is leaving no substitute for them on the commission from either of those courts.