Ms Maura McNally:

I have two comments to make. The first one is about diversity on the Bench. It would be incorrect for anyone to look at the Judiciary as a whole and say that the percentage of women satisfies a reflection of society, because it certainly does not in this country. When we talk about diversity, in the opinion of the Bar of Ireland, we must ensure there is diversity in each branch of the Judiciary. There is no point in putting all the Judiciary together - Supreme Court, Court of Appeal, High Court, Circuit Court and District Court - and saying that we have done a great job because thirty-something per cent are women if the majority of them are in the lower courts. To ensure there is a reflection of faith in the system and a reflection that the system of the administration of justice mirrors what is going on in society, we submit that diversity should apply with specificity to each level, not just as a prism but on each separate level.

Looking at head 40 and how it looks for difference experience, at present under the system, a person who is a judge of the Circuit Court, High Court or District Court has already gone through the JAAB process, if I can call it that, and has passed that particular hurdle. However, when that person made the application, he or she made it, if was to the District Court, to be a judge of the District Court. If it was to the Circuit Court, it was to be a judge of the Circuit Court. Under the new mechanism, and-or as present, a person does not have to apply separately. For example, if I want to apply to be a judge of the Court of Appeal, I have to show my experience in practice and procedure in that Court of Appeal. How can a Circuit or District Court judge do that? It is creating an imbalance in diversity and a dichotomy in respect of applicants.