David Norris (Independent) | Oireachtas source

In the old parlance of Dublin, "You have your glue, mister". They would not.

The Bill states that “lay member” means a lay person who is a member of the commission and includes the chairperson and that “lay person” means a person who does not hold and has never held judicial office. The very fact that a candidate has a professional engagement with the area in which they would be expected to elect or nominate a judge disqualifies them. Their whole professional experience automatically disqualifies them. The definition of "lay person" goes on to say that it is someone who is not and never has been the Attorney General, the Director of Public Prosecutions, the Chief State Solicitor or a law officer. I cannot think of any officers that have better qualification to be the Chief Justice. Then the definition goes further and states such a person "is not, and in the relevant period specified by subsection (2)for the purposes of this paragraph, was not, a practising barrister or a practising solicitor". It is utterly insane. I do not see how any intelligent member of the legal profession could possibly stomach that and no other profession would do so. It is utterly and absolutely ludicrous.

Finally, amendment No. 5 states a person is employed in the service of the State if he or she is a member of the Garda Síochána, a member of the Defence Forces or a member of the Civil Service. I am just throwing this out but perhaps a simple way around that would be to use the descriptor of somebody who is paid by the State. The provision might say that a person is employed in the service of the State if they are paid by the State. That seems to me to be a pretty obvious method of determining it but perhaps there are drawbacks to that as well. I leave this little pearl of wisdom before the House for its consideration.