James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senator for his amendment. Section 46 provides for a consideration of applications and conditions for making of recommendations and under it the commission shall consider applications made in accordance with the judicial selection statement and shall not recommend an applicant to judicial office unless it is satisfied that the applicant is an eligible person; possesses the requisite knowledge, skills and attributes set out in the judicial selection statement and is of sufficient merit; is suitable on grounds of health; has complied with the requirements of section 44(1) dealing with the consents to be provided in connection with an application; has complied with the requirements of section 22 of the Standards in Public Office Act 2001, which deals with evidence of compliance with regard to tax affairs; and the commission has interviewed the applicant.

The effect of the amendment, as the Senator indicated, is to remove the requirement that the commission will have interviewed the applicant. The Senators will be aware that a regular criticism of our judicial appointments process to date is that prospective judges are not interviewed. We are entering into a different, new environment. With respect to judicial appointments, all persons wishing to be considered must come through the new commission, including judges seeking elevation. Part 5 sets out a new vision for the requirements for judicial positions in the State and, of course, abroad.

Selection processes will be overhauled by the commission. It is required to do so. Selection tests, including interviews, must be provided for. It is somewhat unclear, in a new environment where a comprehensive statement of judicial skills will be set out, how this might be assessed. It is difficult in a modern context of judicial requirements to see how the most appropriate and updated selection methods would not always be required. How interviewing might not be necessary in a range of selection methods is not evident at all. There are very few, if any, fields of selection and advancement for interviews that are not utilised, especially in the public appointments sphere. It is a more open and transparent step in assessing applicants and is complemented by the other eligibility and qualification practices we have covered.

Section 50 provides that the commission will provide the results of the interview to the Minister, along with the person's qualifications and the commission's opinion in the matter of particular recommendation. It is good balance, with technical information and the results of testing, including interview and the objective opinion of the commission. I am not prepared to drop the requirement and I cannot therefore support the amendment. I am concerned Senator McDowell's point on the commission interviewing the applicant implies that one should interview everybody that comes forward. The commission should be left with the discretion as to whether the person needs to go forth to the point of an interview.