Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 3:

In page 8, between lines 4 and 5, to insert the following:" "diversity" means a wide range of backgrounds, experiences, interests and perspectives, reflective of the diverse nature of Irish society and including but not limited to socio-economic status, gender, race, ethnicity, minority groups and the majority group;".

I thank the Minister for his time this afternoon. I support the principles of this Bill, especially in regard to diversity, but nowhere in the Bill is there a definition of "diversity". The diversity envisaged seems more like the diversity of sectors or different professions than diversity in society as a whole. This amendment seeks to define "diversity" for the purpose of the Bill.

It is a welcome provision of the Bill that achieving greater diversity in judicial appointments is central but we want to ensure this is not simply paying lipservice and actually has some substance. I drew my definition from a set of diversity guidelines issued by Mr. Brian Lenihan when he was Minister of State with responsibility for children in 2007 and I adapted it for use in this Bill. I believe the definition is broad and encompasses a wide range of diverse factors that would be welcome in regard to new judges to be recommended under the Bill. It would also ensure that the achievement of diversity could not solely be defined by moving away from the current cohort, with close associations with the current law practice, but would actually be reflective of broader Irish society.

I spent a lot of time in the courts over the years with clients in respect of addiction. I wish to refer to a judge who passed away in recent years. My clients really appreciated her in-depth understanding of addiction. When they were in front of her for a crime, they definitely did not feel shamed or stigmatised because of their addiction. Her attitude to sentencing and the manner in which she spoke to the addicts were usually greatly welcomed by a certain cohort of society. It shows that when we consider diversity, especially in regard to a class dimension, we realise we have to move towards having a more diverse slate of judges. The position of a judge as a legal arbiter is strengthened when he or she is reflective of the broader population. He or she is given legitimacy as a result. It would only add to public confidence in our Judiciary if people felt represented and similar to those charged with interpreting our laws. This can be a positive thing, and it would be possible if the definition were accepted.