Amendments Nos. 35, 36 and 37 were discussed with amendment No. 32. What is the status of amendment No. 35?
SECTION 7.
Debate resumed on amendment No. 35:
In page 9, subsection (2), lines 42 to 45, to delete paragraph (b) and substitute the following:
(b) the Secretary to the President, the principal in the Office of the President,".
—(Deputy Dempsey.)
We will consider the amendments before Report Stage.
Amendment, by leave, withdrawn.
Amendments Nos. 36 and 37 not moved.
Question proposed: "That section 7 stand part of the Bill."
With regard to the judge of the Supreme Court or the High Court nominated by the Chief Justice, is it within the remit of the Chief Justice to appoint judges from the High Court for this function? The President of the High Court decides which of its judges are or are not available for these matters. There appears to be a mistake in the wording.
Nobody has alerted me to a difficulty in this regard but——
The Chief Justice might not see the difficulty but the President of the High Court, who probably has not been consulted, will see it.
I will defer to the advice of the Attorney General. I will deal with it on Report Stage if there is a difficulty.
Can the Minister indicate the length of time members will serve on the commission?
The commission will come into being when there is a need for it. Its membership would be extant for the period of time its work would require.
The commission will come into being when the Minister decides to establish it under section 5(1)?
The Minister does not have that discretion. There is an automatic trigger.
So he is obliged to establish it?
That is correct.
He is then obliged to ask the Chief Justice to nominate a superior court judge to carry out this task?
That is correct.
The commission does not have a permanent status. It comes and goes.
It would not have work to do except once in four years when a census would require attention. It is possible for the commission to say that no requirement for adjustments in a constituency is necessary but it is not envisaged that there would be a permanent sitting commission.
Is the Chief Justice to be totally independent in nominating the person and not have suggestions made to him by the Government?
He will be absolutely independent in that regard.
I want to be clear about that. I assume that a letter would not be sent to the Chief Justice seeking to nominate Mr. Justice McDowell or whoever.
The Deputy is much closer to these affairs than I but I cannot imagine any Chief Justice taking such a letter or acting on it. The statute is quite clear. When this is enacted, it will be entirely a matter for the Chief Justice to choose the person he or maybe she at that stage considers to be appropriate and available at that time to carry out this task.
Will the Minister consider inserting section 7(2) stating that where the Chief Justice proposes to nominate a judge of the High Court he should consult the President of the High Court?
I will consider any amendment which the Deputy wishes to table.
It is better if the Department drafts it.
There is a net point and we will address it. If there is any ambiguity or if there are Protocols or propriety involved, I assure the Deputy that these will be addressed on Report Stage.
Question put and agreed to.