Barry Ward (Fine Gael) | Oireachtas source

I had not considered what Senator McDowell has raised there. I am wondering if the Minister can clarify that in the context where the situation under section 45(1)(a) arises and the Chief Justice is an applicant for a position, there is no procedure whereby the Chief Justice can be substituted in relation to that commission meeting. If, for example, the President of the Court of Appeal stepped out, there is a process whereby he or she can be replaced. Perhaps I misread that. In section 9, there appears to be provision for replacement of certain members, and certainly replacement of the Chief Justice as chair if the Chief Justice were there. However, if the Chief Justice is an applicant under section 45(1)(a), am I right in saying, therefore, there are seven voting members of the commission rather than eight?

Since we are discussing it, not because it is important but because I see it, section 45(1)(b) appears to contain a typographical error. Just at the beginning, the spacing is wrong. It is not an important point, one way or the other, but I thought I would say it given that I am an uber-pedant.