Helen McEntee (Meath East, Fine Gael) | Oireachtas source

What I would say is that people are not put off by the current process. What we are talking about in section 41 is specifically on the issue of canvassing and does not relate to where a person has been put forward or names have been put forward and decisions have to be taken. We are bound by Cabinet confidentiality and the commission is bound by confidentiality as well. I have not seen a scenario where names for a High Court appointment are on the front of a newspaper where people have not been appointed. I do not see that changing with this Bill. The canvassing section, whether people believe it is necessary or not, is based on the advice that this is included in the Bill. I think it is standard practice. It is to try to prevent and prohibit that type of canvassing but, as I said, it is outside the scope of this Bill.

The point concerns communications between Cabinet colleagues or, as the Senator said, whether a person might speak to or ask advice of a Cabinet colleague who may have a legal profession or have background information or knowledge. We are not changing the process that currently exists or the option that is there, and we are not prohibiting that. It is specific to canvassing by the individual. As I said, it is the advice that is there and it is standard practice. I cannot see a situation where people will not apply because they are fearful that Cabinet colleagues are going to start breaching confidentiality or that the commission itself, which is yet to even be established, is going to start breaching confidentiality. We need to have trust in the commission that will be chaired by the Chief Justice and assume that these rules that have been set out will not be breached.

Again, I go back to the point that if individuals want to know where they came in the process, they can seek to apply and ask. If they do not, that is not going to be forced on them either.