Seanad debates

Tuesday, 3 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage

 

12:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

Such a person is highly unlikely to be personally socioeconomically on the deprived end of the scale. It is highly unlikely. Such a person may have come from a socioeconomically challenged background. I know various judges, one of whom was born in Coolock and another who was a very successful judge – I will not mention them by name in order not to embarrass them – but who was brought up by a widow in another less fashionable part of this city. These things happen already. We have ill-informed commentators saying that they are all white middle-class males. That does not apply anymore because there is a significant number of female judges now being appointed. Are we to suddenly decide that if we have three people who are all pretty good but we do not have someone with the right coloured skin then we should hesitate and think about that? Are we to suddenly decide that since the past three recommendations have not included someone from the Traveller community then we should hesitate and think about that? I do not think that makes sense. This prescriptive approach is misconceived.

The greatest liberals and the greatest judicial radicals have come on occasion from the most conservative and most socioeconomically privileged backgrounds. They have been sent to fee-paying schools. They have come from wealthy backgrounds and they turn out to be great liberals. There is no reason to believe that because a person's parents were less well off than some of the others in the Judiciary that person is made into a conservative, liberal or radical. In my experience, it does not work out that way. In fact, it is quite the reverse. Sometimes, we see a complete reversion in the opposite direction. The people who, because of their background, might be considered to have one experience turn out to be very much different when it comes to their judicial record and philosophy. I wonder whether it is a good idea to recite all of this.Gender is down there but not sexual-----

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