Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I am afraid I cannot hold with the Senators because I do not see any reason to limit the assessment of merit in any way, other than to provide for certain policy objectives. Even though we have had approximately 125 hours of debate over the past year and a half, as we will all recall, I have to say that sufficient consideration may not have been given to section 7, especially by comparison with the consideration given to other sections. Section 7, which is in Part 2, provides for recommendations to be based on merit. The objectives of Senators are adequately met in this section. I am not sure of the extent to which we need to detail the issues further. That is why I do not subscribe to an amendment that seeks to replace section 7(2) of the Bill. If we look at the earlier debate, we will see that section 7(2), as currently drafted, contains three important elements. I refer to the gender balance, diversity and Irish language requirements. I think these areas are adequately covered in the Bill as it stands. The objectives of section 7 should be looked at in the context of a later section that deals with such important particulars as education, professional qualifications, experience and character, which the commission, as of right, will put forward along with the recommendation. I do not believe we should enter into a reclassification now. Senator McDowell has been making a considerable issue of particular strands of information that may come into play depending on the category of person applying, such as a sitting or serving judge.Again, we can see specific reference to the matters that will be taken into consideration and which will form part of any recommendation including competence, probity, character and even temperament. We had a lengthy discussion on the matter of merit on an earlier Stage and I firmly believe that merit stands alone. I also believe that an assessment of merit will take into account sufficiently the matters that must be satisfied under the Bill. For that reason, we should not limit in any way the assessment of merit. Under section 7, as drafted, we have done that to very good effect. Subsection (2) refers to the objectives that membership of the Judiciary should comprise equal numbers of men and women, should "to the extent feasible and practicable" reflect diversity within the population as a whole and should include, "consistent with the written statement most recently provided under section 55(7) to the Procedures Committee concerning the needs of the users of the courts", persons with proficiency in the Irish language. In the context of yesterday's launch by the Government of a new initiative on the Irish language, we need to ensure proficiency as far as the Judiciary is concerned, particularly in certain parts of the country where fluency in the Irish language on the part of judges is essential. That will form part of the merit-based assessment under the section. At the risk of labouring the point, I am not going to accept the amendment.