Seanad debates

Tuesday, 3 July 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

12:30 pm

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I am a legal academic who has practised in the past 15 years. However, it is not for my own personal reasons I am making this point. The 15-year clause is unfeasibly long. I do not see why it needs to be that long in order to qualify as a lay person, particularly given Senator McDowell's point about legal academics who have not practised but who would be capable of being considered to be lay persons. That does not seem right. One might have an eminent law professor who has never practised but who could be considered a lay person. The 15-year requirement seems unnecessary. Why not a five-year or seven-year clause?

There seem to be many contradictions in section 2. We are simply trying to be helpful to clear up some issues about this definition of "law officer" precisely. The concern would be that many persons may be described as being employed in the service of the State in a loose fashion. Is a person employed by the Houses of the Oireachtas or by the HSE employed in the service of the State? We think it is too broad. Accordingly, we have suggested this helpful and constructive qualifying amendment to explain what exactly is meant by a person employed in the service of the State as provided in the definition of law officers.

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