David Norris (Independent) | Oireachtas source

I am seeking the Minister's guidance because section 37 just states, "Nothing in this Chapter or Chapter 2 shall be construed as being applicable to a judicial office to which section 44 applies." I follow Senator McDowell in taking it that this refers to the Chief Justice, the President of the Court of Appeal and the President of the High Court as these are the officials named. The explanatory memorandum states something I do not quite understand. Perhaps the Bill has been reordered in some way and the numbering is wrong or perhaps there is a reason I have not seen this. It deals with the principle condition to be satisfied, which is basically that the committee will not recommend a person unless the practice requirements set out in the Courts (Supplemental Provisions) Act 1961 are fulfilled. The explanatory memorandum states:

Section 37provides that in addition to the provision that recommendations be based on merit pursuant to section 7, a relevant committee shall not recommend the name of a person to the Minister unless the relevant practice requirements set out in the Courts (Supplemental Provisions) Act 1961 are complied with. A relevant committee must also ensure that the requirements in the published statement(s) are complied with.

I do not really follow that. Will the Minister say if this is the appropriate explanation in the explanatory memorandum? Perhaps he can tell me if I have mistaken something or it has been renumbered. It does not seem to deal directly with the material either in section 37 or section 44.