Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I will discuss it briefly and the Chair can advise me on the right time to move it. Amendment No. 74 relates to the requirement that a legal academic must have continuous practice of four years before being considered for appointment. While we all acknowledge it is important to ensure there is considerable legal experience involved, the requirement is too restrictive. Somebody might be qualified but he or she might not have practised for four continuous years. This raises a number of considerations for the future. Generally, we should be more open to considering the appointment of legal academics, in particular to some of the superior courts where issues might be of a more technical, abstract or academic nature. Experience in that realm could be of great benefit.

People with academic experience are considered for appointment in other jurisdictions and the evidence proves that it works well. Provided the person has qualified as a barrister or solicitor, that he or she qualifies in every other respect and that he or she is a fit and proper person with good experience and knowledge of the law to serve in such a position, it makes sense that he or she would be considered for appointment. I am also taking into account that the current provision might have implications for those who have left practice for a period such as female barristers who have taken a leave of absence at various points for personal reasons. That is the general approach in other jurisdictions and it makes sense. It could be taken into account as we move forward with this legislation. That is what amendment No. 74 seeks to do.