Michael McDowell (Independent) | Oireachtas source

This is an important amendment which I support. It clearly sets out that the selection of persons to serve in judicial office is based on merit, which is in the Bill already, but also "is free from political patronage". Two points occur to me. I do not accept that, for instance, in deciding which of three people should be recommended for appointment to the Supreme Court, the Government of the day is debarred from making a political choice - with a small "p" in the word "political" - in the sense that it could decide it wants a liberal person and does not want a conservative person. That is a political choice which the Constitution confers on the Government.

During the time I was Minister for Justice and the late Rory Brady, senior counsel, was Attorney General, the great majority of the appointees to the superior courts were people who we understood to be supporters of the Opposition parties at the time. I want that point on the record. It has not always been the case that political patronage has been the determinant or a major determinant of judicial appointments.