Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Senator van Turnhout should allow me to give her the benefit of my research on this matter. I am advised that these two spellings are used interchangeably throughout the Statute Book. I understand, and have taken the advice of the Attorney General in this regard, that it is more usual to use the spelling "judgment". This spelling occurs more than 900 times throughout the Statute Book, while "judgement" occurs just over 300 times. The spelling "judgment" has been used in this Bill. This is the spelling used, for example, in the definition of "clinical judgment" in the Health Act 2004. The spelling "judgment" also is employed in the Children Act 2001 and in the Ombudsman for Children Act 2002. It is in this context that the spelling has been used.

The main point to stress in this regard is that both spellings of the word have the same meaning and that nothing turns on this in respect of statutory interpretation. Therefore, I will not accept the amendment and I hope this clarifies the legal advice.