Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

Having listened to a number of the points made, I believe that amendment is the best way of dealing with that issue.

However, in the interests of being expeditious, I will withdraw it. I will reintroduce and press it on Report Stage but I wish to facilitate the subsequent amendments now.

What I want to emphasise is why I think this is necessary and proportionate. Essentially, the new section 7(3) would require that the net be case a little wider. There is no question of anyone who is not qualified and who does not meet the merit proposal being appointed. However, the short list of persons who could be appointed would have to include at least one person who satisfies the diversity criteria. I think this is quite a low threshold. In fact, I do not believe the Minister or anyone else would be satisfied if the Judicial Appointments Commission was producing short lists that were exclusively made up of middle-aged white men. I do not think that would be satisfactory for the purposes of what we are trying to achieve and I am of the view that if we address it by means of casting the net wider, then at that point the commission may appoint whoever it wishes to appoint. That is the separate issue but it is forcing the commission to cast the net wider and that is entirely in keeping with the spirit of and intention behind the legislation. It is for this reason that the amendment, as worded, is valuable. I am of the view that it can be of assistance and make it more explicit that the commission would take account of diversity and would serve the agenda relating to and purposes of the legislation.