Barry Ward (Fine Gael) | Oireachtas source

This section is a very important recognition of the non-application of the Freedom of Information Act as I understand it. This issue will come up in one of my subsequent amendments.

It is very important to maintain the confidentiality of those who may apply for judicial office. If that is applied, a whole raft of people, who would certainly be qualified and who might make excellent judges, will simply not apply. The reality is that for people in practice, particularly at the Bar where they are dependent on briefs coming from a solicitor, if word gets out that they might be about to apply for a position in the Judiciary, it can totally compromise their ability to practise.

This issue arises when interviewing people and the extent to which the commission should or could involve itself in very substantial investigations into that person involving other people. There is a real danger that the information that that person has applied could get out and it will totally compromise the ability of the commission to do its work. I believe the provisions in section 34 are very important.