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Seanad: Order of Business (15 Nov 2018)

Ivana Bacik: I second the proposal from Senator Humphreys regarding the Labour Party Private Members' Bill, No. 14 on the Order Paper, the Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018. I join in commending the fact that we have some agreement on Brexit, with the strong proviso that we are already seeing resignations from the British Cabinet. There is serious...

Seanad: Order of Business (15 Nov 2018)

Ivana Bacik: However, it does mark a real achievement by the Irish Government and Irish negotiators and is a sign of the solidarity of the other member states of the EU who have stood by the principle of the backstop. The case for a people's vote on a second referendum in Britain has become much stronger because of the unlikelihood of this agreement passing. I echo the comments of my colleagues who have...

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence: Defence Forces: Discussion (15 Nov 2018)

Ivana Bacik: I thank the Chairman for facilitating those of us who have other commitments this morning. I thank the Chief of Staff for appearing before the committee today and commend the great work of the Defence Forces in peacekeeping and in contributing to international peace and security through various missions, as outlined by Dr. Mellett. As a neutral country, Ireland has an important role to play...

Seanad: Order of Business (21 Nov 2018)

Ivana Bacik: Hear, hear.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I welcome the Minister. I thank Senators Norris and McDowell for speaking on the Labour Party group of amendments and, in particular, Senator Norris for proposing the amendment. These amendments are somewhat self-explanatory and I will wait to hear the Minister's response. Essentially, they seek to adjust or tweak some of the provisions in section 33 of the Bill around eligibility and...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: Yes.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I thank the Minister and my colleagues for elaborating on the amendments and raising so many points. I am grateful for the opportunity to have this debate and, as I said, I hope to adjust some of these amendments between now and Report Stage. Listening to the debate helped to clarify my mind on this. I accept the Minister's point about sitting District Court judges, to address amendment...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I accept that, which is why I must re-examine the amendment. Perhaps it is too much to remove that provision, as we propose to do in amendment No. 72, but two years may be simply too short. It might be preferable to reformulate the amendment to state four years or the like. I will consider it. Senator McDowell has pointed to the leapfrog issue. Somebody could be a serving District Court...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: There is an excellent Trinity woman in the form of Chief Justice Susan Denham, I am glad to say. It is worth reflecting on whether it is sufficient to refer to a five-year period spent as a District Court judge. One might have been President of the District Court, for example, and such an individual certainly should be eligible to go to the High Court. Therefore, I do not believe the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: Once we have considered them a little more, perhaps. I wonder about eligibility for the appointment of academics to the District Court and Circuit Court. It seems to be a more appropriate route to the High Court, Court of Appeal and Supreme Court. I am not, however, wedded to the idea and that is why I am not going to push amendment No. 73 at this stage. I will withdraw it and I may...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: No, because the proposed subsection (7) implies that "head of faculty", where it appears in the section, shall be construed as a reference to the head of the law school in Trinity's case. In UCD, it is also the head of a school. It is just a global term used to cover all heads of schools. I am just not quite sure why there are so many references in the section. It seems a little clumsy to...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: In the interest of time, I will. These are important points but they were raised with me subsequent to the Bill commencing Committee Stage. Therefore, I could not table amendments on the matter for Committee Stage. The issue raised appears to involve a somewhat technical oversight, but with potentially serious consequences. It concerns the relationship between this Bill and the Legal...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I should have brought the definition. I am sorry. I am reading from the note I have been given. It is from a constituent.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I am told the section 2 definition from the 2015 Act has a broad definition of "practising barrister", to include employed barristers engaged in the provision of legal services. I understand the Act has now been commenced, but only very recently because the Legal Services Regulatory Authority has had to establish a roll of practising barristers. It is only as a result of this that the...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: No.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I thank the Minister for his comprehensive response. He did not respond to me on the other point about in-house lawyers but I am happy to wait for that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: We can return to that. On the amendments, I welcome the widening of eligibility for appointments to judicial office to include legal academics, which is an important and positive reform. In putting amendments forward, Senator Ó Donnghaile and I are trying to ensure the section works, that it is not too cumbersome and so on. Specific criteria for eligibility generally are also welcome,...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I thank the Senator.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: They still do that.

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (21 Nov 2018)

Ivana Bacik: I move amendment No. 73:In page 23, lines 32 and 33, to delete "Supreme Court, the Court of Appeal, the High Court, the Circuit Court, or the District Court" and substitute "Supreme Court, Court of Appeal or High Court".

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