David Norris (Independent) | Oireachtas source

The Bill does not provide that somebody should be disbarred because for health reasons. It merely mentions health as a factor to be taken into account. I remember during the Sallins mail train case, the counsel for the defendants alleged that the judge was asleep but it turned out that he was dead. That was a pretty good example.

I think Senator Ruane has made a very good argument in favour of deleting the word "feasible" from section 7(2)(b). If it is not included in the other paragraphs, why should it be included in this one? I will support her amendment on the basis of her very good argument.

I am rather sorry that Senator McDowell intends to withdraw amendment No. 12. As I read it, the amendment would completely subvert the lay composition of the commission. The amendment proposes to prohibit lay members of the commission from taking part in any assessment of an applicant’s "knowledge of the law, skills and competence in the interpretation and application of the law, or ability to exercise functions as holders of judicial office". I think it is a great amendment because if it were accepted, there would be nothing left for the lay members to do. I would certainly push it, but of course I am not Senator McDowell and I am not privy to his reasons for withdrawing it.