Ivana Bacik (Independent) | Oireachtas source

I will finish the point. The amendment I propose, which is amendment No. 13, seeks to import a definition of "practising barrister" and "practising solicitor" from the 2015 Act into both this legislation and also the Courts (Supplemental Provisions) Act 1961. It has a far more general impact than any later amendments the Minister may be proposing that refer just to the definition of "practising barrister" for the purpose of a particular section. This amendment seeks to have a more general effect. It is a very important point because, if it were adopted, it overrides the pre-existing common law definition of "practising barrister".

Senator McDowell has pointed out that the 2015 Act made a significant change to our understanding of what is a practising barrister. The other important point is that my amendment also refers to a definition for "practising solicitor", which is defined nowhere else in the legislation or any of the Minister's amendments. It is a sensible and constructive amendment that seeks to provide for a clear connection between other existing legislation, which is specifically the 2015 Act. It seems sensible to do this and avoid any ambiguity in the definitions of what are practising barristers or solicitors.

Given the extremely strict parameters that will be placed on those eligible to seek judicial appointment, it is very important we have precise wording in place for the definition of practising barrister or solicitor, particularly with the quarantine period that we have already discussed in respect of other amendments. It makes it all the more important that we have a very clear definition and that we use the most up-to-date definition clearly set out in statute.