Seanad debates

Tuesday, 3 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

12:30 pm

Photo of Michael McDowellMichael McDowell (Independent) | Oireachtas source

I am not opposed to diversity. I am just worried about this particular amendment and whether it will achieve what it sets out to achieve. If we say that diversity is to be taken into account by the commission and if we define diversity in the manner suggested by Senator Ruane, we impose an obligation on the commission to consider the issues set out in her definition that it must ask questions of applicants or seek their input on their "backgrounds, experiences, interests and perspectives ... socio-economic status, gender, race, ethnicity, minority groups" and whether they are in the minority or majority group. Those charged with taking that definition of diversity into account must consider those issues. They must ask some person who comes to them what is their socioeconomic status. How are they to do this? Are they to ask, "What do you earn per annum? What property do you or your spouse own? What have you inherited? What is your wealth? Where did you go to school? Are you poor or are you rich"? These are the questions that this definition of diversity imposes as questions for examination by the commission. One could infer, and very unfairly, that some young woman or man who went to one school or another had some socioeconomic background arising from that part of his or her education. Is one supposed to ask, "Did you get into your school or go to university on a scholarship? Did you work during vacations to put yourself through college or school"? Is that the kind of question that we have to ask because that is what is involved if we say that socioeconomic status is a criterion for consideration as part of the selection process.

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