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

Section 146 makes statutory provision for the awarding and revocation of "patents of precedence", which are more commonly known as the title of senior counsel. This title is typically awarded to barristers with considerable experience and expertise in their field. It is a form of recognition for high-end legal skills and depth of legal knowledge – a quality stamp of sorts. In the interests of both transparency and fairness, this section places on a statutory footing a committee, consisting of the persons listed in section 145(2), to consider applications for the granting of this title in accordance with a range of balanced criteria. Traditionally, this title has only been accorded to barristers, but for the first time it will soon be available to solicitors also.

The original text needed some changes as it was considered to have missed the requirement for excellence in the granting of the title. That is the only amendment being proposed. In order to gain the honorary title of senior counsel in the future, a solicitor or a barrister will have to demonstrate a track record of competence and professional independence, as well as excellence in advocacy or in specialist litigation or a specialist knowledge of an area of law. The section, as it stands, merely requires "a capacity for" rather than "excellence in" these things. The amendment, therefore, brings the section more into line with what we intuitively know the title should stand for. It is a slight amendment.