Michael McDowell (Independent) | Oireachtas source

I will raise a few matters relating to section 41 that I want explained as to what they actually mean. There is a prohibition on canvassing in this section that states:

An applicant shall not, in relation to the process of selection and recommendation (including any step that may be taken in consequence of such a recommendation) of ... [any person] for appointment or for nomination for appointment or election to the judicial office to which his or her application relates—

(a) canvass, or attempt to canvass, support for his or her application from any person involved in that process,

(b) attempt to improperly influence a decision of any person in that process,

(c) otherwise interfere with or compromise that process in any way, or

(d) procure or counsel another person, on his or her behalf, to engage in the conduct referred to in paragraph (a), (b)or(c).

What are we actually saying here? We are creating a criminal offence. Are we saying that somebody who has applied to the commission and has been shortlisted cannot make any representation to the Attorney General or any member of the Cabinet regarding his or her suitability? Is it open, for instance, to the Cabinet to discuss with third parties, on behalf of a person or whatever, whether or not a person on a shortlist would be recommended? I am slightly concerned. Are Ministers to be in a state of omerta about this in that nobody can talk to them about it? The bit that slightly worries me states, "any step that may be taken in consequence of such a recommendation...". Does that mean a decision by the Government to select from among the persons recommended? Is that really what is proposed?