Charles Flanagan (Laois, Fine Gael) | Oireachtas source

There may well be legal academics who are especially suited to be appointed from time to time, particularly in the context of their experience or level or expertise. In any event, I would be prepared to come back to this issue with Senator Bacik.

I have an open mind on amendment No. 75. The proposed new section 45A, which deals with academics, relates to section 33(3) of the Bill, which provides for qualification in these cases only of a legal academic who at the time of appointment is a barrister or solicitor practising for a period of four years. Senator Bacik wishes to change the reference in the case of a barrister in practice from "continuous" to "cumulative". I think the Senator makes an important point. Let us see if we can reach agreement on Report Stage. It is an interesting point and I do not have an immediate disagreement with it. I do acknowledge what Senator Bacik has said to the effect that it may require further consideration. I would be happy to have people engage on that issue.

Senator Bacik has stated that amendment No. 76 may require tweaking on Report Stage. As it stands, the existing subsection provides that a legal academic means a permanent member of staff of an educational establishment, which is defined elsewhere, who teaches one or more subjects in the field of law or who carries out or supervises the carrying out of research in one or more such subjects. Senator Bacik wishes to replace "or" with "and" and add the term "postgraduate" so the reference is now to "postgraduate research". Having listened to the Senator, my feeling is that the overall effect here is probably to make it more difficult for a legal academic to get over the line. I am not really sure if that is what is intended by Senator Bacik but I would imagine not.