Charles Flanagan (Laois, Fine Gael) | Oireachtas source

One of the main purposes of the procedures committee is to reflect, in respect of the overall commission that we will have here, the opportunity to specialise in research and in the design of the professional selection process for judges. It is important that the composition would be reflective of the overall commission in respect of its membership.

On Deputy Wallace's reference to other members of the Government, lest he be of the view that this Bill is under the sponsorship of one individual Minister, this is a Government Bill and is not the property of any one Minister or any one arm of the Government. This is a Government Bill, having enjoyed the full support of the Government in accordance with a specific commitment given in the programme for Government. Therefore, reference to any one Minister would not be reflective of the actual situation as far as the Government is concerned. This is a Government-sponsored Bill.

I must take issue with suggestions that this committee - or the commission but we are dealing with the committee in so far as what Deputy Daly has said - will not be occupied by people without expertise and certainly will not be occupied by civil servants, as suggested by Deputy Wallace. In section 15(7), specific reference is made to areas of Irish life, including human rights, equality, issues concerning diversity, private sector organisations, commerce, finance, administration, public administration, experience in respect of board membership, corporate governance or areas such as mediation or professional dispute resolution. What we are doing here is important in ensuring that we have a level of expertise and that they would be non-legal persons. We had this debate to a great extent in the past but it is important that we have people who are other than simply legal practitioners or former legal practitioners.

I cannot accept the amendments because it is important that we would retain a stipulation that this procedures committee or any other committee of the commission would have a lay majority, a lay chair, as determined by the commission. It is important that we do not depart from what is a core function of the Bill.

On Deputy Daly's specific question, the procedures committee will not be just a once off. We will see the application under the Bill as different criteria and different emphases for the different courts.

It may even be for posts within the courts where a vacancy may arise from time to time depending on the particular requirement of the court. Having regard to the entire gamut of our courts system now and the way that over recent years, they have become more specialised with different divisions, it is important to continue to move in that direction. For example, having a particular family law division is importance. In that regard, where vacancies arise from time to time, there will need to be reference to the particular requirements of the court at that given time. As such, there will be an ongoing role for the procedures committee but its most important work will be at the commencement. Of course, the procedures committee will also have a role under section 58 in monitoring and reviewing on an ongoing basis, which is necessary.