Michael McDowell (Independent) | Oireachtas source

The Minister's criticism might have some validity in respect of paragraph (a) of the proposed section 53(7). However, I do not see how it has much validity in regard to the proposed paragraph (b), which states:

(b) Lay members of the Procedures Committee shall not take part in the preparation of that part of the statement referred to in subsection (1)(a) which concerns—

(i) knowledge of the law,

(ii) skills and competence in the interpretation and application of the law, or

(iii) ability to exercise functions as holders of judicial office.".

That is not being unfair to lay members. It is saying they are not people who specialise in this area and, as such, they should not be the controlling voice on those issues. Senator Norris noted that this amendment is based on a Scottish precedent. The Minister was happy to invoke that precedent when it suited him, to pooh-pooh other aspects of the legislation. However, it apparently does not suit him to invoke it in this instance. The Scots are canny people and it seems to me that they may have arrived at the view that it does not make much sense to hand over to lay persons, whose qualifying attribute is that they are not learned in the law, the development of criteria which have all to do with what it is to be learned in the law.