Michael McDowell (Independent) | Oireachtas source

Some of her colleagues in Trinity College would be laypersons for the purpose of this, and yet would be in a position, curiously, to determine whether other laypersons, being legal academics, should or should not be recommended, which is an oddity in the way the legislation is drafted.

I want to mention one thing to Senator Ruane. I am not filibustering. I am taking reasonable time to address an amendment that she has proposed to the Bill to query whether it is a good idea to attempt to define diversity in the way she has proposed. I make the point that if one looks across the Bill, the term "diversity" appears in a number of sections and, as the Minister said, in a number of different contexts. For instance, the Commission for Public Service Appointments, in selecting people to be lay members of the commission is required to have regard to diversity. It is one thing to say we want a working class person, a middle class person, a Traveller, a person of one gender orientation or people of whatever kind to be sure not to typecast the people being put on the judicial appointments commission, but it is an entirely different idea to state those are the criteria which should be borne in mind when appointing judges.

The point I am making is very simply this. Sections 12, 53, 56 and 7 are cases where "diversity" is used in the Bill, but it is in section 7 that I have raised my objection. The reason I object to it is I do not believe the iteration of particular categories or criteria for diversity that Senator Ruane mentioned is conducive to the selection of a good Judiciary. I much prefer excellence in my Judiciary. I do not care whether the parents of judges were millionaires or paupers. I much prefer to look at the candidate for judicial appointment and ask whether that person will be an excellent judge. That is the question I have in mind.

I will make one comment to the Minister on this, and I am not saying it critically. There are two very different purposes to do what Senator Ruane is asking him to do, which is to set out certain criteria to be borne in mind in determining what diversity is. If it is for the purpose of selecting a cross-section of society for the appointments commission then I have no problem with that idea, but if it is to put on the bench a cross-section of society, I would have a big problem with that idea if it is purely based on the criteria Senator Ruane has mentioned. I really do believe that.

Senator Dolan suggested I played the man rather than the ball and the Minister slightly echoed that in respect of the Minister, Deputy Ross. I am making a very simple point about the Minister, Deputy Ross. It was not I who wrote a book stating our Judiciary was selected on the basis of cronyism. I did not publish a book, a chapter of which states which judges' daughters attended which other judges' sons' weddings.