Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I move amendment No. 8:

In page 9, between lines 26 and 27, to insert the following:“Recommendations to be based on merit

7. (1) No person shall be recommended, under this Act, for appointment to judicial office unless they are of sufficient merit to discharge with distinction the responsibilities of the office to which they are appointed (the “Merit Principle”).

(2) Subject always to the Merit Principle described in subsection (1), recommendations of persons for appointment to judicial office under this Act shall have regard to the

“Diversity Principle”—

(a) the objective that membership of the judiciary should comprise equal numbers of men and women, and

(b) the objective that the membership of the judiciary should reflect the diversity within the population as a whole.

(3) Recommendations of persons to judicial office shall have regard to the objective that, consistent with the written statement most recently provided under section 53(7) to the Procedures Committee concerning the needs of the users of the courts in that regard, the membership of the judiciary should include persons with a proficiency in the Irish language.

(4) Subject always to the Merit Principle described in subsection (1), a list of persons recommended for appointment to judicial office under this Act shall include at least one person whose appointment would further the objectives of the Diversity Principle described in subsection (2).”.

The amendment is pretty self-explanatory. It touches on a lot of the issues we have spoken about at great length up until this point on diversity and respect for merit, ability and capability. The amendment strikes a happy balance between both given the concerns expressed previously. It seeks to introduce greater diversity to the Judiciary. It would not only benefit the Judiciary but also the people who find themselves before the Judiciary. On previous Stages in the other House, my colleagues in Fianna Fáil did not oppose this amendment. It goes some way to tidying up the Bill. It is also a good way to build a bridge between the concerns expressed by both views on the issue of merit, experience, diversity and trying to be inclusive. One of the great aspects of the amendment, and something which has not been reflected in the debate up until this point, is the requirement of knowledge of an Gaeilge within the Judiciary. It is constitutionally, politically and societally important that we acknowledge it and include it in the Bill. Sin mo mhéid.