Michael McDowell (Independent) | Oireachtas source

The Minister has stated I have consistently argued that sitting members of the superior courts should not be obliged to go through an interview process or to the commission. That is my view. The Minister then states he is considering an amendment under which at least the three most senior positions would be exempt from the process.Does that hint at ordinary members of the Supreme Court also being included? Does this "at least" mean that anything more than "at most" those three positions should be the subject of a different procedure?

The Minister also states that he has been precluded from putting forward his ideas for section 44 as a result of the length of this debate. Alas, nothing could be further from the truth. He has at all times - as have I and other Members of this House - had the right to table amendments at any point during the past year. However, he is refusing to so until Committee Stage is disposed of. That is his choice. What he is attempting to do is to say that he has somehow been prevented from indicating his position on this matter as a result of the length of this debate, whereas he could certainly have tabled his amendment to section 44. The matter was well signalled in advance when we dealt with it and there is nothing stopping him from circulating his proposed text for section 44. That text would have been of assistance to many of us when we dealt with the other sections that refer to people appointed under section 44, particularly as we do not know the Minister's intentions in this regard.

I wish to place on record the fact that it is not correct to state that the Minister has been precluded in any way from indicating his proposed arrangements for the three presidencies of the superior courts.