Seanad debates

Tuesday, 25 October 2022

Judicial Appointments Commission Bill 2022: Second Stage (Resumed)

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

The Minister of State has not addressed the concern I highlighted. Under section 12(2), there is one nominee who is coming from the Supreme Court, the High Court or the Court of Appeal, and one who is coming from the Circuit Court or the District Court. One these is female and one is male. The danger in how the Bill is set out at the moment relates to what happens at the beginning. If it happens that the initial appointees are a female from the Circuit Court or the District Court and a male from the Supreme Court, the High Court or the Court of Appeal, when each of them is replaced he or she will be replaced by a person of the same gender from the same court grouping. Therefore, there is a danger of gendering forever. This is an inadvertent consequence of the way that section (12)(6) is worded. However, I would appreciate the Minister of State's thoughts on it or at least an indication from him that he is going to examine this issue. There is a real danger here of an inadvertent consequence.

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