Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Of course, I am disbarred from making reference to any aspect of Seanad rules or Standing Orders or the way it does its business, having regard to my experience last week. Although Senators McDowell and Norris may wish to taunt me by way of provocation, I wish to make it clear that I subscribe to the long-hand view and tradition and, indeed, Standing Orders, that these matters are entirely for the Seanad. I am a mere guest. I was told to be here at 3 p.m. and I am here. I will take my leave when instructed to so do by the Chair or Senators.

In the meantime, on amendment No. 95a, I made clear that I intend to address the mechanism set out in the Bill for senior appointments by tabling the necessary amendments on Report Stage. I will need the assent or affirmation of Government in that regard. I will recommend such amendments because I am firmly of the view that section 44 needs to change. I expect that, at least, it will revert to how it was in the Bill as initiated. In 2017, the Government decided to use a new arrangement along the lines set out in the original section 46 - the mechanism referred to by Senator McDowell - of a three-person committee to advise on the appointment of the Chief Justice. It worked well. In fact, I wish to acknowledge on the record of the Seanad that it worked so well that last year the Government decided to use a similar non-statutory three-person advisory committee in respect of the appointment by Government of the President of the Court of Appeal. Senators have accepted that it worked well. The three-person committee comprised the Chief Justice, the chair of the top-level appointments committee and the Attorney General. Against the background and in light of the remarks of Senator McDowell on what he read in today's edition of The Irish Times, a similar-type construct is proposed for the impending appointment of the President of the Circuit Court and the President of the District Court. Of course, I proposed it because this legislation and the new commission are unlikely to be in place by June or July of this year. I accept that as a reality. Even if the legislation was passed tomorrow-----