Ivana Bacik (Independent) | Oireachtas source

I have not intervened on this provision until now. When listening to the discussion, it struck me there is somewhat of an anomaly in section 56(4) itself. While I accept we have not yet reached that section, it was highlighted by Senator McDowell’s amendment, which refers to changes recommended under section 56(4)(a).I am puzzled as to why the wording of section 56(4) lists a number of items in paragraphs (a), (b), (c), (d) and (e) but only in paragraph (c) are changes to the qualification requirements for appointment to judicial office and the requirements for the selection and recommendation of persons for appointment set out. Nothing else refers to changes which strikes me as odd, given that it seems that, by their nature, the recommendations might suggest there be changes to some of the other procedures. Perhaps I have missed something in it, but language of change is used in Senator McDowell's proposed amendment. It may be that it would limit unduly the effect of section 53(6)(d), but certainly the word "changes" is only used in section 56(4)(c), not 56(4)(a), 56(4)(b), 56(4)(d) and 56(4)(e). That seems odd, given that recommendations could relate to changes that should be made. I do not know whether the Minister wishes to comment now on this issue or if we can come back to it when we are debating section 56, but I would have thought it unnecessary to include a reference to changes in section 56(4). Presumably, recommendations could relate to changes to the qualification requirements in any case without the need to refer specifically to changes, but there may be a particular reason I missed changes are referred to section 56(4)(c). However, it is not apparent.