Charles Flanagan (Laois, Fine Gael) | Oireachtas source

We will come back to this. I note the Senator has withdrawn the amendment while at the same time reserving the right to re-enter it on Report Stage. I merely want to flag a reason for my inability to accept the amendment, which I am sure will also be the case at a later stage when we are discussing the Bill. I specifically sought the advice of the Attorney General on this matter. There is an issue with the requirement in the amendment which would have the result of posing obvious legal issues by ousting completely the jurisdiction of the courts to deal with any legal or constitutional issue surrounding the process for a judicial appointment. It is the belief of the Attorney General, which I share, that this would be liable to constitutional challenge. I do not accept for one moment that Senator Craughwell wished to see that in the amendment. Let both sides reflect further on it. I am assuming the amendment will be re-entered in this or a similar form. However, I ask the proposer of the amendment to bear in mind the advice of the Attorney General as given to me on the matter.