James Browne (Wexford, Fianna Fail) | Oireachtas source

Amendment No. 12 seeks to amend section 12. Section 12 is a comprehensive provision setting out the arrangements for the nomination by the Judicial Council of members of the commission and it is important to be clear about these arrangements. The Judicial Council shall nominate two members of the council to be members of the commission and these nominees shall be appointed to the commission by the Minister. There are three criteria set out in respect of the nominations. Section 12(2) provides that “one of whom shall be a judge of the Supreme Court, of the Court of Appeal or a the High Court and one ... shall be a judge of the Circuit Court or the District Court”. This subsection further provides that one of the nominees shall be male and one shall be female. For clarity, section 12(2) also provides that one of the nominees 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".

It is my understanding from looking at the amendment that the Senators have no objection to this categorisation of the requirement Judicial Council nominees must have. The issue appears to be that when one of the judges is required to be replaced again by nomination of the council, these requirements should be dispensed with. My understanding of the effect of this, therefore, is that while the first two nominees would be selected on the basis of the three criteria I have spelt out, the first retiring nominee, for example, if it is a male judge, could be replaced by a female judge. Similarly, as judge nominees retire, the whole basis of nomination would unravel, and perhaps very quickly indeed. I am not in favour of that. The requirements are very reasonable. Nominations are in respect of both the higher and lower courts through the work of the commission. It is also essential there is a gender balance on the commission. This is provided for in the lay members and I believe it can also be provided for in Judicial Council members.

Senators will be aware that the Bill does not provide for a representation of nominees of the Law Society or the Bar Council on the commission. Judge members can bring a perspective reflecting prior practice in the two areas of legal practice. I believe that is a good thing and I am of the view it is adequate to achieve that purpose. These important characteristics will apply under the Bill to the council’s nominees and equally to all replacement nominees. It is reasonable and desirable that there is some certainty in the Bill with regard to what we are asking the council to do. I am not, therefore, in a position to support the changes proposed in section 12. I thank the Cathaoirleach.