asked the Minister for Justice whether, instead of the present system, he has considered utilising the services of a commission, on the lines of the Local Appointments Commission, for the purpose of making appointments (a) in the courts and (b) to other legal posts and, if so, with what result.
Ceisteanna—Questions. Oral Answers. - Commission for Legal Appointments.
The Civil Service Regulation Acts apply to all the appointments referred to by the Deputy save as otherwise provided by law.
The appointments to which these Acts do not apply are chiefly of two kinds, namely, judicial appointments, which fall to be made in the manner prescribed by the Constitution, and appointments to situations to which the holder is appointed directly by the Government.
It seems to me that when the Legislature has vested in the Government, to the exclusion of any other authority, a power of appointment in relation to a particular post and specifically provided that the Civil Service Regulation Acts are not to apply to any such appointment it would be contrary to the letter and the spirit of the law to adopt the Deputy's suggestion.
I have not suggested that the appointments should be made by the Local Appointments Commission. I have suggested that the services of a commission, on the lines of the Local Appointments Commission, should be utilised to ensure that the present patronage system of making these appointments will cease. Surely the Minister will agree that, if it is necessary——
The Deputy is making an argument, not asking a question for information.
May I inquire from the Minister why is it necessary for doctors, engineers, county managers and other public functionaries to go before the appointments board in order to be selected for the various positions and why is it not necessary for men being appointed to the courts and to certain other legal posts, who can be appointed without any such interview? Surely the Minister will agree that there should be in operation a system that would give satisfaction to all members of the legal profession and give all equal opportunity of reaching the highest positions within their profession?
I should like to point out to the Deputy, inasmuch as he has mentioned certain positions that are filled by the Government, that the Constitution lays down that it is the President on the advice of the Government who makes these appointments. It would necessitate a change in the Constitution in respect of these appointments to the judiciary.
You need only change the system.
You would have to change the Constitution.
You need not.
All right. The Deputy knows more about it than I do.
May I inquire from the Minister if it is necessary to change the Constitution when all the President needs to do is to make the appointment? Surely, before it reaches the President, there is some system by which selection is made. It is in connection with that selection that I say the Minister should set up this interview board on the lines of the Local Appointments Commission.