Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 95:In page 32, between lines 4 and 5, to insert the following:

“(4) In a case to which subsection (3) applies, and the person to whom that subsection applies is—

(a) a person referred to in section 10(1)(d), (e), (h) or (i), or

(b) a person who is a member of the Commission by virtue of section 17(5) or (6),

whoever of the following is appropriate shall, notwithstanding anything in section 10(1) or 17(5) or (6), be a member of the Commission for the purpose, and the purpose only, of the performance by it of the particular function, namely—

(i) where the person to whom subsection (3) applies is the President of the Circuit Court or the person who is a member of the Commission by virtue of section 17(5) – the most senior ordinary judge of the Circuit Court available (excepting for this purpose any such judge who, as respects the particular judicial office, has made an application under section 39),

(ii) where the person to whom subsection (3) applies is the President of the District Court or the person who is a member of the Commission by virtue of section 17(6) – the most senior judge of the District Court available (excepting for this purpose any such judge who, as respects the particular judicial office, has made an application under section 39),

(iii) where the person to whom subsection (3) applies is the person who had been nominated to be a member of the Commission in accordance with section 13(1) – another practising barrister nominated by the chairperson of the General Council of the Bar of Ireland,

(iv) where the person to whom subsection (3) applies is the person who had been nominated to be a member of the Commission in accordance with section 13(2) – another practising solicitor nominated by the President of the Law Society.”.