Seanad debates

Thursday, 9 May 2019

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

1:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

The Minister now seems to be saying he is in favour of the principle that there should not be an obligation to make the names public. That is the very least that should be done in that respect. The real question is whether the decision ought to be kept secret. Apart from notifying unsuccessful candidates that they have not been shortlisted or have been unsuccessful - they can draw the inference from the notice in Iris Oifigiúilthat they did not get the job - the real question is whether we are going to insert into the legislation a provision to protect candidates from having the fact publicised that they were turned down at the short-listing stage or a later stage.It is fairly central to the operation of this legislation that there must be such a protection. A person may have an entitlement to know if he or she is unsuccessful but it would be hugely inhibiting were that to be made public in one shape or another. We live in a small country. Does the obligation of Cabinet confidentiality prevent Ministers from revealing what they know of a commission decision in a particular shortlist?

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