Michael McDowell (Independent) | Oireachtas source

Inevitably, they will find themselves in a position where they have to decide whether the duty of care in medicine comes down on this or that side of an issue, such as in the case of smear tests. That is the kind of matter which arises. Surely, "merit" is a very dubious term in that context. If someone is more liable to make a decision on this or that side of a line, saying that he or she is more meritorious than another candidate means nothing. It is very clear, however, that the Government of the day is entitled to state that Mr. Justice Michael McDowell-----