Helen McEntee (Meath East, Fine Gael)
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Is the intention of the reference in amendment No. 12 to the commission conforming to these objectives with regard to all three names? The intention is that the applicants are based on merit but they would have to include somebody with a proficiency in the Irish language and somebody with a diverse background and alternate between male and female each time. This is very specific, particularly when it has been reduced to the small number of three people. Each recommendation would have to have all three criteria and be based on merit. It would constrain the commission in putting forward names. I understand where it is coming from but if the commission were to conform with the objectives it would make it difficult to put forward names.

With regard to amendments Nos. 13 and 14, the Bill contains significant provisions on Irish language needs. There is a review and the expressed position is that diversity, gender and language must be included. It would be interesting to get the logic for why this should be 100% for the Supreme Court. To go back to my initial point, the president of the relevant court will be on the selection commission. He or she will be able to identify where there is a need and engage with the Courts Service to identify need. Without expressly including a figure we will be able to address a need and the development of the Irish language. Nobody who speaks Irish is precluded at any stage from putting themselves forward. Of the applications I receive, 30% to 40% are proficient in the Irish language. This varies and it can be much lower or higher. There is already a significant number.

Amendment No. 27 restates something in the initial Bill and puts it into simplified language. It is not a new section. It simplifies and aligns text. It is a more helpful presentation of the cross reference to section 39(2). Section 39 provides that the commission shall make recommendations on merit. Section 39(2) provides that on making such recommendations the commission must take account of the objective that members of the Judiciary in each court should comprise an equal number of male and female members, should reflect the diversity of the population as a whole and include a sufficient number of judges with proficiency in the Irish language. The new cross-reference in section 61 will simplify the matter without making substantive changes.