Michael McDowell (Independent) | Oireachtas source

The Labour Party amendment, in defining those in "the service of the State" as those in particular categories, is correct. In those circumstances I strongly believe that Senator Ruane should withdraw her amendment and I ask her to do so. I will not vote against it. I do not know whether the Government would accept it in any event. In respect of the second amendment, I urge Members of this House to vote for it. In respect of the third amendment, I ask the House to agree with Senator Bacik's amendment. It is reasonable with regard to all of the circumstances.

I want to emphasise that I fully understand where Senator Ruane is coming from. However, I ask her to reflect on the process of appointment that would take place if her amendment was accepted by the House. I ask her to consider how this body would ask about the socioeconomic status of an individual. What does it mean? Does it mean his or her bank balance or property holdings? Does it mean a person's parents' bank balance? Does it mean where a person came from or how he or she was educated? That is not a good basis on which to make an inquiry with a view to determining who should be a judge.

I will make another point which Senator Ruane might take on board. People from disadvantaged socioeconomic backgrounds have made it to the top of the legal profession. I have seen a bus conductor, whom I knew well, establish a successful practice in the Acting Chairman's part of the country. The Acting Chair will probably remember the person I am talking about. I have seen people who were born in Coolock and people whose parents were at the edge of poverty becoming very senior judges in their time. We should not ask this body to inquire into those matters. It will make for a very unequal and very unsatisfactory appointment process. The Senator may ask what is wrong with telling a group that we should have working-class lawyers on our Bench. That is possibly what is in the mind of some Members. By definition, after ten or 12 years they are no longer members of the working class as most people would understand it. They are the earning class, the people who have succeeded in their profession and the people who have brought themselves, if they are otherwise eligible by virtue of their practice, to being capable of being appointed on merit. What more does the Senator want to do in respect of such people?