Michael McDowell (Independent) | Oireachtas source

We then have to look at the absolutely ridiculous subsection (3) that was appended to it in its original form which says: "In publishing the reasoned written decision in accordance with subsection (2), the persons recommended by the Commission shall not be identified." We had somebody who was not recommended being appointed, the Government was to put a reasoned explanation as to why the people who were recommended were not appointed and then it had to do that without identifying any of them.

This raises a question which I really want to tease out with the Minister. What degree of publicity will there be for people who have been recommended? Is it to be the case that the shortlist is never to be made public and it is entirely a secret between the commission and the Cabinet? If that is to be the case, how does that sit with what the Minister has repeatedly said in this House, namely, that he would expect people who were not short-listed to be told they were not short-listed and people who were short-listed to be told that they had been short-listed? Are they sworn to secrecy? Is that the idea? If I, for instance, as a barrister, had applied to the commission and I was not short-listed, the Minister says that in accordance with best practice I will be told that. Can I tell my friends that I did not make the shortlist? Likewise, if I am short-listed, am I somehow sworn to secrecy? Is it to be the case that I cannot tell people that I am now on the shortlist that will go to Cabinet? I want to have clarity as to whether the fact that one is being short-listed is to be a complete secret or if one is entitled to know about it but is sworn to secrecy about it in some duty of confidentiality, or if one is perfectly free to go on television and announce that one was short-listed three times for appointment to the High Court or whatever it is and say that one is astonished that one has not been appointed after all these years. Which is it? Are people to be in a position to tell the public how many times they have been short-listed and say they never get chosen but they are on the shortlist? Are people supposed to keep their mouths shut about that for some reason?