Michael McDowell (Independent) | Oireachtas source

To inform the Senator, it has happened on a number of occasions. Very eminent persons have been appointed without the involvement of the Judicial Appointments Advisory Board. As a matter of constitutional law, the Minister has emphasised on a number of occasions that it is not possible to pass a law stipulating that the only people who can be appointed are those recommended by the commission. From a constitutional perspective, that cannot happen. As I have pointed out on a number of occasions, every effort is being made in this legislation to make it very difficult to do so. As canvassing is disqualified, somebody cannot seek judicial appointment under the terms of the Bill, as it stands. The information on who is or is not on the shortlist is now, as the Minister concedes, confidential. I am not suggesting somebody will go on "Prime Time". By the way, my excursus on "The Late Late Show" was light-hearted; it was not on "Prime Time".