Helen McEntee (Meath East, Fine Gael) | Oireachtas source

My concerns are the same as in the previous areas. I do not think the Minister, Deputy Catherine Martin's, Bill would apply to this, separate to the fact it is not commenced. I would have the same concerns if that had been the case. While there is the requirement for balance between gender, diversity and the Irish language, we have tried to set it out such that somebody is appointed based on merit, and that should be first and foremost. There is already a requirement in specific jurisdictions, across different courts or where the president of the court identifies a specific need or requirement for the Irish language for particular vacancies to be filled. There is an ability here to have that engagement when engaging with the commission because the relevant president will be on the court and will be able to engage with the Courts Service to identify the need in terms of Irish language skills and report that back. The commission can then work on that basis.

Expressly stating that it must be 20% takes away the point that, first and foremost, it needs to be based on merit. The language is to the effect that they shall take into account the objective of the membership, which includes proficiency in the Irish language. By putting that number in, it would tie their hands slightly and take away from the fact it has to be merit-based. There are also the implications for equality and diversity but I do not think that is as much of an issue in this one.