Seanad debates

Thursday, 20 June 2019

Judicial Council Bill 2017: Report and Final Stages

 

10:30 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

The Minister of State said that he does not want to be specific but there are other lists in the legislation concerning what can be provided. Behavioural and attitude characteristics do play a part but unconscious bias does not necessarily show itself in negative behaviour. We must take into account a person's intentions. This is about preconceived ideas and their impact. That is not necessarily manifested in outwardly negative and obvious stereotyping. It may be, however, be couched in the types of sentences given. There may be no vocalisation of the reason as to why that has happened. Unconscious bias has an impact which is silent and that is not always behavioural.

As for not singling out the Judiciary, this Bill is focused on the Judiciary so I cannot look at any other profession within it. It is the only fair place for me to do this. Regarding other professions, I have been working, with many others, on the idea of doctors understanding the social context in which they work. I have done much work on this issue with the medical profession and it is usually open to assessing how medicine looks a little different in the different communities that people come from. I have also addressed this issue in respect of the teaching profession. I am definitively not, therefore, singling out the Judiciary. This is just an acknowledgement that human beings have preconceived ideas. We must remember that in this case, the Judiciary will possibly be imposing sentences. The impact of unconscious bias in this sphere can determine the rest of someone's life. It is important, therefore, that we address this issue and to do that in legislation. I am still trying to figure out whether I will be pressing the amendment. I have about two minutes to do that.

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