Michael McDowell (Independent) | Oireachtas source

-----to say that the disqualification of a person from being a chairperson, on the grounds that he or she is either a lawyer or a member of the Judiciary or whatever, should be removed from the Bill.

There may be some case to be made for having the chairperson not be a judge. That case could be made because the Bill in other provisions envisages the chairperson being called before Oireachtas committees to explain the operation of the commission in certain circumstances. It could be argued that it would be a problem for the separation of powers if a serving judge had to explain to Oireachtas Members how the group is functioning, or defend its performance or whatever. I strongly believe that there is no reason a solicitor, nominated by the Law Society, could not be chosen by his or her colleagues on the commission if he or she was likely to be an effective person in that context.

I do not see a strong case being made for requiring the chairperson to be a layperson. I believe that Senator Norris's amendment is apposite and appeals to common sense, and I strongly support it.