Charles Flanagan (Laois, Fine Gael) | Oireachtas source

If Senator McDowell thinks that the chairperson of the general council of the Bar of Ireland is going to go ahead with his own agenda of his own volition and make an appointment to this commission without reference to the council, he is more naive than I ever thought he was. I feel similarly as far as the Law Society is concerned.

This provision is identical in wording to that in the Act that established the Judicial Appointments Advisory Board 20 years ago. The only difference is that there is now a reference to the chairperson where there was a reference to the chairman. I know that does not fulfil the gender requirement proposed by Senator Bacik in amendment No. 14, but any suggestion that either the chairperson of the Bar Council or the president of the Law Society is going to act in a personal capacity or without reference to the membership is ludicrous. As such, I do not intend to enter into the debate because it has no bearing on reality.

If it might satisfy Senator McDowell, on Report Stage we could say that the chairperson of the general council of the Bar of Ireland shall nominate a practising barrister as a representative of the general council of the Bar of Ireland, and do similarly in respect of the Law Society, in order to ensure that a president for the time being would not be encouraged to act in a personal capacity by the ludicrous suggestion of Senator McDowell. I certainly do not intend to enter into any further debate on this issue. It is likely that the section will be opposed. Here we are in Seanad Éireann and, hour after hour, fewer than half of Members are voting on these amendments to what is the most dramatic and important legislation that has hit this House for years according to the Senators. Less than 50% of the membership is turning up to vote.