Seanad debates

Wednesday, 26 September 2018

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

 

10:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I do not want to labour the point, but I did not say that there is any uncertainty in the method of appointment. Indeed, I was careful to say that this is just a matter of tidying up and a drafting issue. It is about consistency in language between and within sections. It is important to that extent but I did not suggest that it would cast any uncertainty over the appointment process. In fact, when I first read the different provisions, it struck me as somewhat odd that we were referring in section 13(1) to the chairperson of the General Council of the Bar of Ireland and in 13(2) to the president of the Law Society of Ireland. It would have been preferable to say "the Bar of Ireland shall nominate" or "the Law Society of Ireland shall nominate" because that is exactly the Minister's point - these are the bodies that the individual representatives are purporting to represent. It would have made no difference in terms of procedure and might have sounded better to have said that it is the bodies that nominate. Clearly, an alternative method of amending or tidying up would be to amend sections 13(1) and 13(2) to say the Bar of Ireland and the Law Society of Ireland and to then just refer to the bodies in section 19 or anywhere else that it arises. That said, it seems easier to include the president of the Law Society in section 19(1)(g). Perhaps we did cover this during that late-night debate in July when we discussed section 13 but I am not sure why specific reference is made to the president and to the chairperson but since such reference was made and since that is the section as we passed it, it would be consistent to use the same language in section 19.

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