Lynn Ruane (Independent) | Oireachtas source

Society should always be confident that the Judiciary is able to serve justice fairly. At a time we are overly represented by white, middle-class or upper-class judges, we must acknowledge that there is unconscious bias and objectivity. A bus conductor and a person from Coolock are not representative of society as a whole. We cannot point to the exception, for example by referring to my status as a Member of the Seanad. There has to be equal diversity. We cannot point to one person and say we have diversity. That is not an accurate picture of society as a whole. Diversity, in itself, is merit. Diversity benefits us all and reflects who we are as a society. If diversity is defined, it does not mean we will not produce high-quality judges with an in-depth understanding of the law. It means we recognise a deficit of difference in our Judiciary and we value diversity, not only on the commission but also in our Judiciary. It really shows the difference between attitude and understanding.

I have come up against many judges. I should probably stop sharing personal experiences. Sometimes it is my only way to put the point across. As a child, I stood in Tallaght court in front of a judge who did not care about my situation, what I had experienced or who I was as a person. All he cared about was standing down and speaking down to me and my father. My father respects the institutions and had never entered a courtroom in his life. He could not believe he was in this situation with his teenage daughter. The judge did not look at the charges. He did not even read them out. He stood there and berated my father for who he thought he was and who he perceived him to be. That is the difference. When we look at diversity, we get people who understand that people end up in a legal system in front of a judge for various reasons. It might not change the judgment because if one breaks the law, one breaks the law and the judgment is made. It might begin to change how we view and treat people when they are in the court system. If we clearly state in our definition of "diversity" in a Bill that is supposed to be about diversity that we aim to raise our game in this way, we might send a clear message to people from working-class, Traveller or migrant backgrounds that we are prepared to create space so they can pursue a career in the Judiciary.

Regardless of whether Senator McDowell opposes this amendment, he needs to understand that respecting diversity, and the aspiration of aiming to create space for someone from a minority background, does not mean that someone else will not get the job. The person has to be there based on merit because merit is the primary focus of this. When we talk about diversity in this Bill, we are saying it is an objective. It might not be an objective right now, because we need more people in the legal system and studying law to be able to create a diverse Judiciary. We are setting a marker that this is an aim, an objective and a goal. It does not stop anybody getting in because they are in the majority. The reason I have included the phrase, "the majority group", in this amendment is that I do not want to exclude the majority voice - the ruling class and the middle class - from being seen as part of the diversity of the Judiciary in the same way as the other groups listed in the amendment. Right now, those in the majority group are maintaining the space. I could probably go on for ages, but I know I am biting into Senator McDowell's attempts to filibuster the Bill for the rest of the night.