Ivana Bacik (Independent) | Oireachtas source

I did say earlier that there is inconsistency in the drafting and language of section 19(1)(f) which refers to a member nominated by the Law Society of Ireland. I think the language should be change or amended to the "President of the Law Society of Ireland" to ensure consistency with section 13(2) which deals with the appointment of a practising barrister and a practising solicitor as members and reads: "The President of the Law Society of Ireland shall nominate a practising solicitor to be a member of the Commission." Section 13(1) reads: "The chairperson of the General Council of the Bar of Ireland shall nominate a practising barrister to be a member of the Commission." It seems slightly anomalous that section 19(1)(f) refers to "a member nominated by the Law Society of Ireland" not by the president of the Law Society, whereas section 19(1)(g) refers to "a member nominated by the chairperson of the General Council of the Bar of Ireland". While it may not have any practical import, it is internally inconsistent within section 19 between subsections (1)(f) and (1)(g) and it seems inconsistent with the procedure for appointment of practising barristers and solicitors as set out in section 13(1) and 13(2), where the chairperson of the General Council of the Bar of Ireland is referred to, and that is mirrored in section 19(1)(g) but the President of the Law Society of Ireland is not referred to, which marks an inequity between the two professional bodies.

I suppose it is no more than a discrepancy. Had I spotted it sooner I would have tabled an amendment. I will certainly do so on Report Stage but the Government may wish to address it because there may be a reason for it and I would be grateful if the Minister could outline that reason. To be absolutely correct, no member is nominated by the Law Society. Section 13(2) refers to the President of the Law Society of Ireland and section 10, the composition section that we spent so long on, refers in subsection (1)(i) to "a practising solicitor nominated under section 13" so section 13 is the lead section on nomination of a practising barrister and solicitor. Should this be made consistent?