The Opposition accused the Government of using the Dáil as a "rubber stamp" in a row over the appointment without debate of the new three-person Garda Ombudsman Commission.
When Taoiseach Bertie Ahern said the Dáil could sit late to debate the appointments, Green Party leader Trevor Sargent objected that arrangements had already been made with the President to nominate the appointees and that the "Taoiseach presumed this decision would be taken".
In a 77 to 63 vote the appointment of High Court judge Kevin Haugh, the director of Consumer Affairs Carmel Foley and former Irish Times editor Conor Brady, was accepted.
Fine Gael's justice spokesman Jim O'Keeffe, who raised the issue, said he had no objection to the proposed appointees, but to the process. "I am sure the individuals involved are all very worthy people but I am concerned about the method of their appointment. No advertisement was placed and there was no screening process. Even judges are recommended by an advisory body but in this case names were pulled out of the blue by the Government and presented to the Dáil and we are being asked to rubber-stamp them."
The Act required that the appointed persons "must have appropriate experience, qualifications, training, or expertise. I have no idea whether these persons qualify under that provision."
Labour spokesman Joe Costello said it was "important, considering what has happened in recent years that a proper mechanism would be implemented to give credibility to the examination of complaints about Garda activities". Mr Sargent said there had been debates on the appointments of the Ombudsman and Information Commissioner and Ombudsman for Children and "they provided a useful opportunity" for the officeholders to get a sense of the way in which their offices are perceived and the expectation on their offices.
The Taoiseach said, however, the appointees were well known and "the Minister did all he could to select three apolitical people who are suitable and have a range of experience in both judicial and administrative matters". Arrangements had already been made with the President to nominate the appointees, as required, but "if members wish to discuss the suitability of these people and have a debate about them with the Minister and I, that is fine".
When Mr Sargent objected the Ceann Comhairle said that if the issue could not be agreed he had to "put the question". Mr Emmet Stagg (Lab, Kildare North) said that "nobody asked for a vote on this".
