Charles Flanagan (Laois, Fine Gael) | Oireachtas source

Senator McDowell spoke at length about section 33(5), the purpose of which is to consider the fact that a head of faculty may not at the time of appointment meet what would be the precise definition of a legal academic. Subsection (5) ensures that this person who may, in effect, be the most suitable person for appointment is not ruled out of consideration.

I note the Senator did not mention subsection (7). Senator Bacik was right in her remarks on that subsection, which seems to deal with Senator McDowell's query regarding the apparent different arrangements in different colleges, with having a faculty, being a department or a group of teachers or a group of academics in one college, a faculty being a department in another, and a reference to a head of faculty, director or dean, which was mentioned. These have been included in subsection (7), which I believe will meet the Senators' concern regarding eligibility. I thank Senator Bacik. I am very interested in the point she makes. The Senator indicated that she is prepared to look further at the wording she has put forward in her amendments, with a view to addressing further some issues on Report Stage. I would also be very happy in seeing if we could reach a meeting of minds. The Senator made a number of important points and, while this probably will not lead me to accept her amendments, having regard to what she stated, she probably would not expect me to do so. She made a number of points that I would certainly be prepared to consider further.

On amendment No. 73 and the proposed new section 45A to be inserted into the 1961 Act, this provides for an initial basis for qualification for appointment as a judge, opening up eligibility for appointment to a legal academic of not less than 12 years' standing who, immediately before such appointment, has been employed as a legal academic for a continuous period of at least two years. In addition, under the terms of the new section 48A, such a legal academic must be a barrister or solicitor at the time of being appointed as a judge and must have practised as a barrister or solicitor for a continuous period of not less than four years. Similar requirements with some modification to take account of the role apply in the case of a person who is deemed to be a head of faculty. Amendment No. 73 removes reference to both the Circuit Court and the District Court. The proposed new section 45A(1) would confine the scope of qualification by a legal academic for appointment only to the three superior courts. I am not sure if Senator Bacik meant that but it is what we have in front of us. I do not see an immediate reason, provided the academic reaches the level of competence or experience that the section contains, that a legal academic might not wish to be considered for appointment to either of the lower courts. That is why I disagree with Senator McDowell. He makes very strident expressions as to the disposition of legal academia. Perhaps he is right but what are doing here is merely broadening the eligibility. I am not sure Senator McDowell can speak for all academia in the manner in which he does.