Clare Daly (Dublin Fingal, Independent) | Oireachtas source

I echo some of the points made by Deputy Ó Laoghaire. His amendment is stronger than mine in some ways but both seek to achieve the same thing. In respect of amendment No. 19 and the debate regarding the term "feasible and practicable", the issue here that, under paragraphs (a) and (b), there is an objective to have equal numbers of men and women and to reflect diversity. However, it is only in the provision relating to diversity that we include the caveat "feasible and practicable". What I am saying is that if it is not necessary to include the "feasible and practicable" bit with regard to the equal numbers of men and women, which is also an objective, why is it included in the context of diversity? It is putting it down the pecking order. I do not think there is any merit to it at all. I do not think it is a big deal. It is only putting it on an equal footing. I would not have thought that was controversial at all.

In terms of the other one about merit and diversity, this is putting them on an equal footing. I think that is important. Senator Michael McDowell, who is one of the biggest critics of this Bill in the Seanad, made the point that he did not understand why we needed diversity at all because we have loads of excellent judges as matters stand. In their submission, the judges said that diversity is a non-issue but that proves the point. The fact that one has to make the argument for diversity shows that the nature of privilege is not being understood here. I will put one quote on the record because I think it is very relevant. It is from Dr. Laura Cahillane in UCC who said:

Diversity is not about expecting different decisions than those that are given now but about providing equality of opportunity, democratic legitimacy, which feeds into public confidence that judges are representative of the community as a whole and can understand a vast array of issues, and also about providing diversity of opinion and divergent views.

In order to have that kind of equality of opportunity, we must ensure a diverse Judiciary. I am glad to see stuff from the Bar Council and the Law Society of Ireland to the effect that there is a responsibility to get more people into the profession from those sections, so it not singly the responsibility of this Bill but it is key. It is as equally as important as merit and not of lesser consideration. That is not to say that people who are not qualified and do not have an understanding of the law should be given positions. Nobody is arguing for that but it is saying that it is at least as important that people would have a broad range of experience of different cultural backgrounds and so on. That is what we are trying to do.