Michael McDowell (Independent) | Oireachtas source

The purpose of this amendment is to insert into the Long Title of the Bill the word "advisory". In general terms, not too much attention is paid to the close test of the Long Title of a Bill. On this occasion, it is important because claims have been made for this legislation by one Member of Government that this will take the appointment of judges out of the hands of politicians and hand it to another group. Of course, constitutionally that is not possible but the claim has been made for the Bill that it has this effect. The purpose of this amendment is to make it very clear that the function of the judicial appointments commission, once established, is purely advisory.

There is another reason the amendment is appropriate. The Bill speaks, at another section, about the function of the commission being to "select and recommend" members of the Judiciary. Of course, there is not a selection of members of the Judiciary by the commission. The selection of a person to be made a judge is a matter for the Government and not for the commission. In these circumstances, the Long Title of the Bill should underline the advisory nature of the commission, should make it clear that the claims made for it, as taking the appointment of judges out of the hands of elected politicians are not correct, and to emphasise that, in line with the Constitution, the function of appointing judges remains with the Executive and that any other body, which is involved in the process, can only be advisory and not determinative in any way of the persons appointed to be judges. It is in that light that I formally move this amendment.