Michael McDowell (Independent) | Oireachtas source

This amendment proposes that we should flesh out in the Bill the concept of diversity. I think it would have very unsatisfactory consequences if it were adopted. To ask the commission to try to work out whether there is adequate diversity in religious opinion, if that is to be a criterion for selection, would inevitably involve asking people for their religious views to see whether this criterion is satisfied. I do not know what "civil status" means. Gender is fairly obvious, or I hope it is. Regarding sexual orientation, are we going to have the commission ask candidates for judicial office questions to work out what their sexual orientation is? Their age should be fairly clear to the commission, but I do not know what the idea of diversity in age is supposed to mean. To be eligible to be a judge, you have to have done ten or 12 years practice as a lawyer, or the equivalent as a legal academic with some degree of practice as well, so we are not talking about diversity in age. Is this really to be the case? Let us remember a few things about this. We are appointing people to a job which involves or does not involve their pensionability. For most applicants, this would be an important point. Are we to say that there should be a good rash of people in their late 60s because they are well represented in this area? I am not suggesting that someone in their late 60s should not be eligible but I do not think it should be a criterion for appointment to say that we need people in their late 60s. I really cannot see any advantage in this amendment. I think it pushes unnecessary agendas. I am, of course, prohibited from being a member of the commission but if I were there, I would not want to know whether I was being sufficiently diverse in my recommendations by reference to matters such as religious beliefs, sexual orientation or civil status, whatever that actually means. These things are private matters for a candidate for the Judiciary and should not be the subject of examination by the commission.