Michael McDowell (Independent) | Oireachtas source

Am I correct in stating we have agreed that subsections (2) and (3) of section 48 should be deleted? This effectively means that the section replicates a provision in the 2002 legislation in stating that, where a person has been appointed to judicial office:

the notice shall, if it be the case, include a statement that the name of the person was—(a) recommended by the Commission to the Minister in accordance with the provisions of this Act, or

(b) recommended to the Government under section 44,as the case may be.

Unfortunately, we are still stuck in the position where in its present form section 44 appears to be wholly unacceptable to the great majority of Members of this House, notwithstanding the attempts made by me and other Senators to amend it. All of our proposed amendments have been rejected and we are being asked to make provision for section 44, even though no one supports it.