I am never listened to. Five minutes is absurd. It is a rubber-stamp assembly, and you know that.

I support the idea of preventing people from picketing the homes of Members of the Oireachtas because they are their homes and Members are entitled to the same privacy that anybody else is at their home. It struck me that way back in 1994, a Criminal Justice (Public Order) Act was passed which provides in section 5: (1) It shall be an offence for any person in a public place to engage in offensive conduct— (a) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or (b) at any other …

Kildare is the best place to have it.

On a point of order, the Minister of State, in his closing remarks, made reference to a money message being required. This Bill does not require a money message, full stop, and anybody in the Department or in government who thinks this type of legislation does require it is deluding himself or herself. Money messages should not be used as a kind of veto card for Private Members' legislation.

I welcome the Minister. I wish to say a few words about this important topic. We need to acknowledge a number of things. As he said, in 2004, I believe we had the first significant wind farm in Europe built off the coast of Arklow. That was Ireland moving ahead. However, Ireland is now behind the curve. As he also said, we are in a race, but we are behind in the race and we need to acknowledge that. Scotland, for instance, has greatly outpaced us. I believe it has 4,000 people employed in the offshore wind energy b…

I support the Senator's amendment. I notice that the structure of section 46(1) requires a tiny bit of care. It states: Subject to section 60 , the Commission shall consider applications made in respect of a particular vacancy in a judicial office in accordance with the judicial selection statement and shall not recommend an applicant to the Minister or, if appropriate, the Minister for Foreign Affairs, for appointment or for nomination for appointment or election, as the case may be, to judicial office unless— (a)…

What I am slightly mystified by is whether the process envisaged is one where the commission looks at the candidate, decides whether he or she is "eligible", "possesses the requisite knowledge", "is suitable on grounds of health", has complied with section 44(1) and section 22 and then decides the person is good but that the commission is obliged to have an interview with that person before putting him or her on the short-list. If that is the way it works, that is fine, but it does not mean that everybody who goes …

It is not agreed.

I propose that the amendment be made.

I am proposing that Senator Ward's amendment be made.

I do.

I object to that.

There is an aspect of section 47 that we have to consider carefully. It states: (1) The Commission shall, following its consideration of applications in accordance with section 46 , recommend to the Minister- (a) where there is one judicial office in the State to be filled in a court, 3 persons for appointment to that judicial office, and (b) where there is more than one judicial office in the State to be filled in the same court, 3 persons and 2 additional persons for each second and subsequent vacancy for appoint…

How does it help the process if the Government is advised just for its information of the names of 12 people who applied but were not considered suitable? Why is the Cabinet told of the names of 12 unsuccessful people who applied and were unsuitable if it can do nothing about it as a matter of law?

This goes to the heart of the constitutionality of this legislation. For the first time the Oireachtas is saying to the Government people may be eligible for appointment and may be entirely qualified for appointment, but because the commission believes other people are more qualified, more eligible, better or more diverse, the Government may not appoint a particular person who is otherwise suitable. The Bill makes it unlawful to make that person a judge. Does the Department appreciate that if, for instance, a vacan…

This is not just about recommendations but disqualifications for five people in the Supreme Court every time. That is what this commission is doing. It is disqualifying the majority of the Supreme Court every time it functions, for the position of Chief Justice. It is not just making a recommendation and giving the Government a choice; it is saying: “You may not appoint the following five members of the court who are present members”, so it is a ban or disqualification, which is for the first time being brought int…

I am sorry. I thought you were nodding at me, a Chathaoirligh.

I am sorry about that.

This section provides that people who are unsuccessful applicants - those who do not see themselves in The Irish Times or the Irish Independent as having been appointed, can find out what happened, insofar as they are entitled to inquire as to whether they were recommended, and they are also entitled, if no recommendation has been made, to be informed of that fact. A person who applies is entitled to be told that none of the people who applied was considered suitable and therefore there was no recommendation. Secon…

I see, yes.