Gerard Craughwell (Independent) | Oireachtas source

This is an issue that has bothered me the whole way through this Bill, namely, that the absolute power with respect to the appointment of judges rests with the Government under the Constitution. Regardless of the findings or deliberations of any commission or committee, at the end of the day, the Minister for Justice and Equality, advising the Government, can pick a candidate who has not come before this commission. As Senator Norris has just said, it would require a referendum to change the law if we were to change the way judges are appointed. I will withdraw the amendment while reserving the right to reintroduce it on Report Stage. However, it is a question that we need to answer when the Minister comes back on Report Stage as to how exactly we can compel a Government to accept the nominees, which I do not believe we can do under the Constitution. I will await the Minister's advice.