Michael McDowell (Independent) | Oireachtas source

I move amendment No. 97f:

In page 34, to delete lines 22 to 24.

The purpose of this amendment is to delete section 53(3). The Bill, as drafted, states, "In the preparation of the statements referred to in subsection (1), the Procedures Committee shall consult with the President of each court (save a President who is a member of that Committee)." It goes on to state, "However if none of the judicial offices in a particular court will be the subject of the particular statement concerned, then consultation, under subsection (2), with the President of that court is not required in relation to that statement’s preparation." That means, for example, that if the particular statement does not apply, say, to the Court of Appeal, the President of the Court of Appeal will not be consulted in respect of a provision relating to appointments to the High Court. I cannot see any reasonable basis for that requirement. It seems it would be far better to leave the section with subsection (4), which states, "In the preparation of the statements referred to in subsection (1), the Procedures Committee shall avail itself of the advice and expertise of any consultants or advisers appointed under section 11 (7)by the Commission to assist it in the performance of its functions."It would be better to leave it that way.