Michael McDowell (Independent) | Oireachtas source

I am grateful to the Minister for clearing that up because when I discovered that Deputy Clare Daly had tabled the amendments requiring the commission to express its views on the shortlist submitted by means of ranking candidates in order of the commission's preference, it occurred to me that this was designed to put pressure on the Government to follow the views of the commission. One of the points we have not yet reached in this debate, although we have touched upon it tangentially, is the question of whether it was the intention of the drafters of Deputy Daly's amendment that someone who was ranked first on the shortlist by the commission would be informed of that. Would they be told that they were the commission's number one choice? Such a candidate may find that, despite being the number one choice on a number of occasions, he or she was constantly passed over the Executive. I am conscious of the potential for mischief if such a ranking was put in place without consequence.

I had not appreciated that section 40(3), which refers to section 40(2), and which provides that "Nothing in subsection (2) shall be construed as limiting the advice the Government may give to the President with respect to the appointment by the President, under Article 35 of the Constitution, of a person to be a judge" was an antidote, so to speak, thought up by the Minister to undo the effect of the ranking amendment tabled by Deputy Clare Daly. I am glad the Minister now agrees that, in addition to the references in the final subsection of both sections 40 and 41, there must be a general acknowledgement. I believe Senator Norris will agree with me on this. There must be a general honest acknowledgement in this Bill that the Government will always be free to go outside the commission's recommendations and to select from eligible people it may propose to appoint.