Alice-Mary Higgins (Independent) | Oireachtas source

It is important to recognise that diversity is not an abstract concept or something invented by my colleague, Senator Ruane, which we must approach for the first time and imagine how we could possibly achieve or determine it. Diversity is an established concept and value which has been shown to have exceptional merit and be an important element, particularly in decision-making. The lack of diversity in decision-making in the financial crisis, along with the dangers of groupthink and of unconscious bias, have been strongly and academically proven. This is not a matter of opinion but of long-established evidence. When one has a lack of diversity, one has a danger of groupthink, unconscious bias and unchallenged assumptions. Academics, like Rosemary Hunter, have spoken about how diversity has eight benefits in the Judiciary specifically. Two which she highlighted are the diversity of life experience and what it can bring, not simply with individual decision-making but, more importantly, to the wider collective knowledge within the Judiciary. In many situations, judges will not be acting alone but with and part of a group. For example, one may have a three-judge panel from the District Court up.

Similarly, diversity is addressed in this Bill in two different points, first, around the commission itself and its lay members, and second, regarding the Judiciary. On the commission itself and its lay members, the scenario was raised that many lawyers cannot help their lack of diversity because of where they have come through. The diversity criteria do not apply to the legal members of the commission but to the lay members. The lay members’ diversity is being sought actively because, as far as is practicable, the commission must ensure it reflects the diversity of society. This is not about each individual being put through a test for diversity. Instead, it means that when we look at this group it reflects society and its realities.

The fact is that when we look at many key decision-making places, they do not reflect diversity. That is not just about the individual and his or her chances. This is around the collective need to address, as was put eloquently by my colleague, the deficit of difference in these spaces.

Yesterday or earlier today, many in the House spoke passionately about the Group of States against Corruption, GRECO, and the Council of Europe. I was proud to be a member of the Council of Europe.