Michael McDowell (Independent) | Oireachtas source

I move amendment No. 101a:

In page 35, lines 38 and 39, to delete “recommendations made under section 56” and substitute “changes recommended under section 56(4)(a)”.

Section 53(6)(d) states:

In the preparation of the statement referred to in subsection (1)(b), the Procedures Committee shall, amongst other matters, have regard to

... (d) in the case of a statement referred to in subsection (1)(b)that is not the first such statement ..., any recommendations made under section 56.

Section 56 deals with several matters which are irrelevant to the preparation of a statement, however. For instance, section 56(4) states:

The Procedures Committee shall, following a review under subsection (1), make a report to the Commission of its findings including any recommendations relating to the implementation of this Act including, but not limited to, recommendations relating to—(a) the published statement,

(b) procedures and processes for developing and strengthening diversity among candidates for judicial appointment,

(c) changes to the qualification requirements for appointment to judicial office and the requirements for selection and recommendation of persons for such appointment,

(d) ensuring the effectiveness of the administrative support provided by the Office to the Commission, and

(e) the functions assigned to the Commission.

Section 56(4)(b) to (e), inclusive, are matters which would not be relevant to the publication of a statement. If one goes back to section 53(6), a statement dealing with all recommendations under section 56 should be confined to the matters referred to section 56(4)(a).