Seanad debates

Wednesday, 6 July 2011

Defence (Amendment) Bill 2011: Second Stage (Resumed)

 

1:00 pm

Photo of Caít KeaneCaít Keane (Fine Gael)

I speak in the context of passing legislation for today, tomorrow and thereafter. I have not been lobbied by anybody, nor am I available to be lobbied. I am considering the legislation as it stands and it has the potential to ensure that applications for jobs are not the subject of a closed shop among a certain group of personnel but are opened up externally to people who are qualified. I ask the Minister to consider the approach of all our universities which examine designations of acquired prior learning when considering qualifications. This includes people who have acquired prior learning on the job, although they may not have the designated qualifications as laid down when a particular job was allocated. This approach also applied to teachers in the old system where one had a jam system going on to the degree system and the whole evolution of degrees. It has been provided for entrants into universities where acquired prior learning is maximised, particularly for mature students. In addition to diplomas and degrees, acquired prior learning in a specific subject a candidate wants to study is given a certain amount of accreditation. This important aspect should be considered in all legislation involving job applications, not only those pertaining to the judicial system.

Another positive aspect of the Bill relates to the appointment of a Circuit Court judge to perform functions when a judge is not available. I am more than surprised that such circumstances had not been catered for previously and until now have been dealt with on ad hoc basis. This is a positive feature of the legislation as it will be known who will fill the shoes of a judge who, through illness or as a result of a conflict of interest, must step aside.

I have not been lobbied on this Bill on which I have made up my own mind. It would not be appropriate to lead people astray by stating that every person who has made up his or her mind on the legislation has been lobbied.

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