Oireachtas Joint and Select Committees

Wednesday, 26 November 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Judicial Appointments: Discussion

10:10 am

Dr. David Kenny:

It is difficult to say. It would be a fascinating research subject to take a proper look at this question. We know that there are incredible barriers to entry for the Bar. One of them is the fact that it is expensive to train at the King's Inns, which is the only option at the moment. There is a huge up-front cost for that and there is no one else to cover it. One must borrow or find money somewhere to pay for that. One then faces two years of devilling as a junior barrister for which one will earn a little money. One then goes out on one's own and tries to find work, but it is unclear what income one can expect in that period.

It has been said a lot recently that there is a significant improvement in the number of people going to the Bar, both in terms of gender balance and background. The question is whether or not those people are staying at the Bar. The attrition rate at the Bar is huge. A large number of people do not stay past a few years because it is not financially viable for them to do so. The real question we need to ask therefore is whether or not - even if there is a greater diversity of entry to the King's Inns - people are staying to reach the senior level and then become judges. I do not know the answer but I would suspect - given the barriers are so substantial and given how many people do not stick with the profession - that it is probably still a significant issue.

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