Is the proposal for dealing with Wednesday's business agreed to?

It is not agreed.

I call Deputy McDonald.

The Taoiseach and the Government are denying a request by the Opposition, virtually in its entirety, for the Minister for Justice, Deputy McEntee, to present to make a statement and to take questions relating to the process surrounding the appointment of a justice to the Supreme Court benches. The Taoiseach is being disingenuous in his approach on this matter. He has stated, correctly, that the Judicial Appointments Advisory Board, JAAB, forwarded one name to the Minister for this appointment but he equally knows that three serving judges had applied through the second channel, which is the channel to the Attorney General, and so the Minister, Deputy McEntee, had four names on her desk. The Government must be accountable for the process thereafter, when the Minister arrived from four candidates to the single name that she brought to the Cabinet. The Taoiseach has stated publicly that he was unaware of the three other applicants. The leader of the Green Party, the Minister, Deputy Eamon Ryan, has similarly said he was unaware of that. Therefore, legitimate questions arise as to what happened, how the Minister, Deputy McEntee, arrived at her decision to bring forward the single name and who was involved in that process. The Taoiseach may try to hide behind the division of powers but he should remember that one of the essentials of our system, which he and I wish to protect, is the accountability of the Executive to the Oireachtas. The Taoiseach is duty-bound and the Minister for Justice is duty-bound to present herself to make a statement and to take the questions from Members of the Oireachtas on this important matter.

I do not believe the Taoiseach has any choice in moral terms but to ask the Minister, Deputy McEntee, to come in here. It is not that long ago that the Taoiseach dismissed a Minister because - he said at the time - the Minister was refusing to come into the Dáil to answer questions. This is complete hypocrisy.

It is a different issue.

I accept they are different issues. This is a far more serious issue in my opinion. It seems the Taoiseach is the first Taoiseach in the history of this State not to be consulted in any way in regard to the appointment of a Supreme Court judge. Some taoisigh may only get to do this once but the current Taoiseach had no role, hand, act or part in it. What was said to him during the programme for Government negotiations, in which there were two parties along with an acting part of a Government negotiating to get into government, was that Mr. Woulfe had come through the JAAB process and that his appointment was likely. It is likely that Tipperary is going to win the all-Ireland this year but we also could lose next Saturday. That is not a definitive action; it means nothing. It is irrelevant when it comes to this process. The Taoiseach is the only Taoiseach who has never been consulted, according to what is out there now in regard to the appointment of a Supreme Court judge. The Government might keep voting down the more-or-less united Opposition in regard to this issue but I can guarantee the Taoiseach that this will not go away.

On the same issue, there is a parallel process in place here. What weighting is given in that parallel process to judicial experience, for example, which is something the Taoiseach raised here in 2017 in regard to an appointment to the Court of Appeal? It does not appear to have been an issue in the case of an appointment to a superior court. There is a dual process here. Given what the Taoiseach has said about the process, namely, that the JAAB process was the proper route, the one person involved in that in bringing forward or considering other names is the Attorney General. Was there a conflict of interest? Was that something that was declared? There are many things arising here. As the Opposition, we have to a job to do in holding the Government to account. It is essential that the Minister for Justice comes in here and we have a debate about this issue. Equally, it is important that we have a judicial Bill in order that we stop repeating the same process over and over again.

I dealt with this issue in the debate on the Order of Business for today. As I pointed out, there is a clear process for the appointment of a judge by the Government as set out in the Constitution and in law. That process has been fully complied with in this case. As I also pointed out, the Judicial Appointments Advisory Board is chaired by the Chief Justice and its membership includes the President of the Court of Appeal and the Presidents of the High Court, Circuit Court and District Court. That is the position.

Come on.

The Taoiseach should show some respect.

The Taoiseach, without interruption.

Only one name is brought to the Cabinet by the proposing Minister. There is an issue. I have never before seen a situation where a Minister for Justice was brought into the House to account for the appointment process and why one judge was picked rather than another judge.

That is the Taoiseach's job.

I have not seen that happen before. That would represent, by any objective yardstick, a breach of the separation of powers.

Rubbish. Absolute rubbish.

That is rubbish.

It is not rubbish. It is the function of Government to appoint-----

It is the very separation in law that needed to happen.

I accept the point made by Deputy Catherine Murphy that a judicial appointments commission should be progressed, and it will be progressed. However, the difference from the Judicial Appointments Commission Bill brought forward in the previous Dáil is that the Government thinks the proper approach to adopt is for the Chief Justice to chair the commission in terms of the appointment of judges in the future and recommendations that will go to the Government from the new judicial appointments commission. The Judicial Appointments Commission Bill did not get through the previous Oireachtas. It was in the other House for a considerable period.

What does that have to do with this issue?

The Taoiseach is talking down the clock.

That has been the position since time began in terms of how judges are appointed.

Come on.