David Norris (Independent) | Oireachtas source

I move amendment No. 109e:

In page 38, between lines 9 and 10, to insert the following:“57.No cause of action shall exist against the Commission or any of its members arising out of the failure of the Commission to recommend any person or category of persons for appointment to judicial office under the terms of this Act and no cause of action shall exist against the State or the Government arising from any failure to advise the President to appoint to judicial office any person recommended for such appointment by the Commission.”.

I would say this is fairly obvious. In order to make an informed decision, the Government needs the widest possible information on the subject. The amendment reinforces that, regardless of any recommendations made by the commission, the appointment of judges remains a power vested in the Government, and that is what the Constitution requires. Any deviation would necessitate a referendum. Further, or in the alternative, if a conflict arises between this Act and the Constitution, the Constitution is what is relied on. This is a very important point. Senator McDowell is raising constitutional issues. He is reinforcing the fact that, regardless of recommendations made by the commission, the power of appointment of judges would remain solely a Government function. It is vested, under the Constitution, exclusively in the hands of the Government. There should be no attempt whatever to dilute or weaken this, and it should be implemented.