Michael McDowell (Independent) | Oireachtas source

I am entitled to reply to what I heard. The Minister said it is alright for ten judges to go to the Chief Justice and lobby on behalf of one of their colleagues to be appointed. She said it would be spreading the net too wide to stop that. She said it is open to people to write to the commission, who have nothing to do with the judge, urging it to appoint one person rather than another. She also said it is all right for Members of the Oireachtas to canvass the members - including laypersons - in favour of a particular person or to communicate with them, other than through the process. That is what the Minister said. If somebody cannot attempt to canvass support for his or her application from anybody involved in the process, why is it legitimate for people outside the process to seek to influence it, especially people with positions of power and influence, such as Members of Oireachtas, Ministers, judges and the like, who are not that person? I cannot see any logic for not accepting this amendment, which was tendered in good faith on the basis that this was too narrow. If it is to be the law, hereafter, that ten judges can go to the Chief Justice and say that Ms Justice so-and-so should or should not get a job by way of promotion or that so-and-so should or should not and if that is to be the accepted legal status and the only person who cannot urge their candidacy on the Chief Justice is the person himself or herself or somebody acting on his or her behalf, so be it. It only weakens this Bill even more to say that is to be the law from now on.