James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendments Nos. 15, 16 and 17 seek to amend section 12, which is a comprehensive provision setting out the arrangements for the nomination by the Judicial Council of members of the commission. It is important for me to be clear about these arrangements. The Judicial Council shall nominate two members of the council to be members of the commission. These nominees shall be appointed to the commission by the Minister. Three criteria are set out in respect of the nominations. First, section 12(2)(a) provides that one of the nominees "shall be a judge of the Supreme Court, of the Court of Appeal or of the High Court" and one "shall be a judge of the Circuit Court or the District Court". Second, section 12(2) further provides that one nominee shall be male and one shall be female. Third, section 12(2)(b) provides, regarding the two nominees, "one of whom shall be a judge who, at the time of his or her appointment as a judge, was qualified for such appointment by virtue of having been a practising solicitor and one of whom shall be a judge who, at the time of his or her appointment as a judge, was qualified for such appointment by virtue of having been a practising barrister". Amendment No. 15 proposes to delete section 12(2) and therefore would eliminate the three separate criteria I have mentioned that pertain to Judicial Council nominees.

Amendments Nos. 16 and 17 are consequential. Amendment No. 16 would delete section 12(4), which is a technical qualification under a provision related to the prior practice qualification. Amendment No. 17 would delete the provisions of the section that provide for replacement nomination of the Judicial Council nominee when the member ceases to be a judge. It would delete the three criteria also in that context and it provides necessary text in substitution.

I cannot support these amendments. It is reasonable that nominations bring the perspective of both the higher and lower courts to the work of the commission. It is essential in my view that there is a gender balance on the commission. It is provided for in the lay members. I believe it can also be provided for in the Judicial Council members.

Senators will be aware that the Bill does not provide for representation of nominees of the Law Society of Ireland or the Bar Council of Ireland on the commission. Judge members can bring a perspective reflecting prior practice in the two areas of legal practice. That is a good thing and I am of the view that it is adequate to achieve that purpose.

Apart from the matter of legal profession representation on the commission, which we will discuss separately, it is reasonable and desirable that there is some certainty in the Bill in regard to what we are asking the council to do. Additionally, the considerations I have mentioned in regard to participation are important for different court experience and gender balance. Therefore, I am not in a position to support the changes proposed to section 12.