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

With regards to section 28, I wish to make the point that precedence and the order does not have anything to do with salaries. It is a well established hierarchical structure. It is interesting to note, for example, that in some legislation one will have inbuilt in the legislation a particular order in which a particular issue is dealt with. Therefore, the listing and, if one likes, hierarchical structure can address the issue. In certain contexts provision is made for the next most senior judge to hear a case or organise the business of the court so there is an order of precedence imported in that context. It is to deal with those issues that we have set out the order in section 28 and that is the only reason.

The Senator again made a point about legal costs. I believe having the legal services regulatory authority and the Legal Services Regulation Bill is part of that and the Competition Authority report will be partly dealt with through the provisions of that Bill.

The Senator also asked about consistency. Obviously we must respect the independence of the Judiciary. I did mention one of the points of the judicial council Bill is to have a judicial studies institute. I imagine through the kind of work it will do that the issue of consistent sentencing, in the broadest sense, will arise. One must keep repeating that the independence of the Judiciary is sacrosanct. I am probably sure, from the institute's point of view, that consistent sentencing will be one of the range of topics it will study and examine once it is formally established under statute.