Michael McDowell (Independent) | Oireachtas source

I move amendment No. 97cc:

97cc. In page 33, line 22, to delete “may” and substitute “shall”.

The amendment refers to page 33, line 22 of the Bill as received from the Dáil which reads:

Without prejudice to section 50(2), the Procedures Committee may, as it considers appropriate for the purpose of assisting the Committee in the performance of its functions under this Part, consult with the President of each court (save a President who is a member of that Committee).

The amendment removes the word "may" and substitutes the word "shall". Its purpose is to make it obligatory on the procedures committee to consult if it is drawing up procedures relating, say, to the High Court, to make it obligatory for the procedures committee, prior to drafting a statement for the commission's approval or while it is doing so, to consult with the President of the High Court. Every president will be a member of the commission but not every president will be a member of the procedures committee. I can see that it the case. However, it seems to me that if one is drawing up procedures relative to the District Court, Circuit Court, or High Court or the Court of Appeal regarding appointments to those courts, there should be an obligation at least to consult the president of the court in question.I hope that the Minister, given his flexible and generous approach, will agree that court presidents should be consulted, at the very least, in so far as they are not members of the committee, bar the procedures committee, before they draw up the text. I cannot think of any reason that would not happen, but on the other hand, it seems to me that the President should be entitled, as of right, to be consulted, given that he or she is a member of the commission. Before the procedures committee embarks on its task and goes too far, it should consult the President of the relevant court, for the purpose of assisting it in the performance of its duties rather than presenting the President with a fait accompli at the end of some procedures committee process. I move the amendment in that spirit and will come back later to discuss the second amendment in this group, No. 97cd.