Dáil debates

Thursday, 31 May 2018

Judicial Appointments Commission Bill 2017: Report Stage (Resumed) and Final Stage

 

3:15 pm

Photo of Donnchadh Ó LaoghaireDonnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

On foot of what Deputy O'Callaghan said, my understanding is that it would still be 12 years' experience overall but that there must be four years' continuous experience. That is the point I was making in reference to those who might have taken a leave of absence for maternity leave etc. It is restrictive enough. Not only is 12 years' experience required but also, within that, four continuous years.

As I stated, there are considerations, especially in the superior courts, that can be quite theoretical and that might benefit from eminently qualified legal academics. Some, such as those who write the great constitutional law textbooks, would not be entitled to be appointed judges.

Unless Deputy O'Callaghan changes his position, I will press the amendment but not call a vote. I believe it is a correct amendment but I will not call a vote on it, if that is the position. In that context, I ask the Minister in a general sense that this matter could be given further consideration. Perhaps there is a middle ground to be found between the amendment I have put forward and the existing consideration so that there might be greater flexibility, albeit somewhat short of the greater discretion I have sought in my amendment.

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