Alice-Mary Higgins (Independent) | Oireachtas source

The question is not the suitability of the Attorney General as part of the process. The question is where he or she fits in the process and that danger and concern of him or her being involved twice in the process, as we heard in the debate. There is a role for the Attorney General in the second part of the process where nominations have been suggested but not made, with the names of nominees having been put to the Government. The Attorney General has that role in advising the Government and will, of course, exercise that role. The concern is not about the suitability of any individual Attorney General. It is that there are two parts of a process and, effectively, there is an actor who is acting in both parts of that process. That is the nub of the concern.

I thank the Minister of State for recognising the innovation of some of the amendments. In particular in regard to some of the very senior roles around the Supreme Court, the High Court and the Court of Appeal, it would seem that while there may be a role for the Attorney General in advising between three candidates that have been put forward, there is a concern if he or she is taking part in the recommendation or search for candidates at the early part as well. It also creates a dynamic where there is an actor within the first process, then a formal process of recommendation and then another process that comes out of it, so somebody has full access to what is meant to be an independent process but is then not necessarily accountable in terms of how he or she represents what has happened in the process going forward. It is almost that there are two representatives coming out of the judicial appointments commission in that there are the recommendations from the judicial appointments commission and then one of the actors within the judicial appointments commission indirectly and privately goes and gives advice to the Government in that respect.

The concern is when we look to the process in the round, not just at the judicial appointments commission but the wider process. That is why I regret the Minister of State is not able to accept the amendments, although I will press them.