Seanad debates

Tuesday, 18 October 2022

Judicial Appointments Commission Bill 2022: Committee Stage

 

2:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Yes, but I am talking about what the Labour Party amendment is about, which is the appointment of people. I am not trying to waste time at all and I will be very brief.

Section 51 seems to confine the Government to considering "recommended persons only" but section 42 seems to say that the Minister has a discretion as to whether he looks for recommendations in the first place. I wonder how the word "may" gels with section 51 and what the Minister has just said. Is it to be the case that the Government is to be prohibited from considering for appointment any person who has not been recommended? Is that what this Bill is saying? If so, why is it that section 42 does not make it mandatory rather than discretionary in terms of filling a vacancy?

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