Michael McDowell (Independent) | Oireachtas source

Senator Ruane's amendment seeks to impose a statutory definition on the term "diversity", which is an inclusive definition. She is proposing that the term "diversity" should mean "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;".

Let us be clear about this. People are nominated for service in senior judicial office. Let us look at a few things about them. First, I am quite happy with the legal academic category. However, unless they are in this new category they are by definition people who have spent ten or 12 years in practice as a lawyer. They are people who are required by this Bill to be learned in the law. They are people who are required by this legislation when it is enacted to be knowledgeable of the procedures of the courts in question. Let us not cod ourselves. The people who will be selected on merit for judicial appointment will be people who will have been successful practising lawyers. By virtue of that fact, unless they are legal academics contemplated by the Bill, they will be people appointed by virtue of their merit as judges. The statutory criteria for selection include the requirement that a candidate has a practice of ten or 12 years or whatever it is. The statutory criteria include the requirement that the candidate is knowledgeable in the law and knows what the practice of the court will be. People are codding themselves if they think that the Judiciary elected or selected on merit may also in some magical way be reflective of Irish society on a broader basis. They are codding themselves. It is a nice thought but it is a misconceived thought.

The term "diversity" was left undefined but Senator Ruane's amendment suggests that effectively the people making selections should have regard to "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". The House should know that in the past there was a convention that there would be a reflection of the religious diversity of the State. Successive Governments were always careful to ensure minority religions were to be found in the Judiciary. Nonetheless, those appointed had to be qualified people with practice, experience, judgment and so on.