Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

Section 25(4) does not contain exhaustive definitions of the terms "practising barrister" or "practising solicitor". It merely clarifies that certain persons are deemed to come within those groupings in addition to those persons included in any plain English interpretation of the words.

It has been a long-standing practice in this State when drafting statutory criteria for legal, including judicial, appointments to ensure such criteria are not drafted in such a restrictive manner as to render ineligible suitably qualified persons whose experience has consisted partly or wholly of service to the State. To include an amendment along the lines proposed by the Senators would most likely have the effect of confining eligibility for appointments to the position of registrar to too narrow a pool of candidates. It is the same argument. A common plain English language interpretation as opposed to a specified enrolment in whatever roles are involved is what we tend to put in place. This is the way it is done to broaden the pool of people who can apply and who nonetheless are qualified as barristers or solicitors. As I understand it, the Senators are seeking to restrict the appointments to certain persons.