Michael McDowell (Independent) | Oireachtas source

If there is provision in this legislation for separate selection procedure statements of requisite skills and attributes to be proposed by the commission and published, which there is because that is what section 50 states, and if that is to be done on the basis that "it is reasonably anticipated a particular appointee" will deal with this kind of business, which the Bill acknowledges, surely somebody applying for the job is entitled to be told whether he or she is applying for a position on the Bench in respect of which an appointment will be made on one basis rather than another.I have done very little family law in my career as a barrister, and I do not believe I would make a great family law judge. I admire their patience and so on and spending all day listening to the kinds of cases with which I have dealt on those very few occasions would not be my forte. However, surely I should know if a vacancy appears in the High Court, by reference to which statement of skills and attributes the position is going to be filled. Surely before I even start and waste my money on the stamp, I should be warned by the commission that it is likely that the person appointed and those shortlisted by the Government will be working in the area of family law. Surely that makes sense. I cannot see any reason that does not make sense. It seems to be ridiculous that I would be allowed to believe that I had a chance to become a judge in the High Court dealing with criminal law cases and to put in an application outlining all my experience in that area, only to find that the Government and the president of the relevant court were hunting for a different type of person and that I was wasting my time making the application. I cannot see any reason that reality cannot be taken into account.

If there are to be separate statements of requisite skills and attributes for different kinds of court business in any particular court to which it is reasonably anticipated that a particular appointee will deal with, why not tell applicants for that position that that is the case? They should know that they will be judged by reference to the intellectual property lawyer's statement of skills and attributes and not by the family law statement, or vice versa.