Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I move amendment No. 16:

In page 10, between lines 2 and 3, to insert the following:"Recommendations to be based on merit

7.(1) No person shall be recommended, under this Act, for appointment to judicial office unless they are of sufficient merit to discharge with distinction the responsibilities of the office to which they are appointed (the "Merit Principle").

(2) Subject always to the Merit Principle, described in subsection (1), recommendations of persons for appointment to judicial office under this Act shall have regard to the "Diversity Principle"—

(a) the objective that membership of the judiciary should comprise equal numbers of men and women, and

(b) the objective that the membership of the judiciary should reflect the diversity within the population as a whole.

(3) Subject always to the Merit Principle, described in subsection (1), a list of persons recommended for appointment to judicial office under this Act shall include at least one person whose appointment would further the objectives of the Diversity Principle described in subsection (2).".

It had not occurred to me that this would have an impact on those subsequent amendments and I would have to be mindful of that. First, I will deal with my proposed new section and then I take into consideration arguments that are made by Deputies on their amendments.

The amendment I have proposed is based largely on a proposal from Dr. Patrick O'Brien who, I believe, corresponded with us all. His submission on this legislation quite articulately outlined some improvements that could have been made to it.

This, specifically, is to make it more explicit to be representative of the population as a whole. It closely resembles the existing provision in section 7. However, it introduces the concept of the merit principle, and obviously, that every candidate for proposal would have to meet the merit principle, but also that the judicial appointments commission should always have regard to the diversity principle that membership of the Judiciary should comprise equal numbers of men and women and the objective that the membership of the Judiciary should reflect the diversity within the population as a whole.

It is important to emphasise, as laid out in subsection (3) of the proposal, that that would always be subject to the merit principle. There would never be any question of an unqualified incapable person achieving such an office. There would always have to be that qualification.

This is germane and appropriate to the intention and approach of the entire Bill which is to ensure that appointments to the Judiciary are independent but also that they are representative, diverse and proportionate to the population as a whole.

I commend the amendment to the committee.