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GAZETTE
JANUARY/FEBRUARY 1996
unique about the training of a barrister
which says that a barrister has some
superior knowledge to allow a
barrister to adjudicate and sit in
judgement on particular cases in any
court and indeed. . . .
David Hanly:
The Bar Council maintains there is,
you just heard
James Nugent
make
that very point.
Alan Shatter:
It is, and it's an extraordinary claim
because for every court case that's
heard in every court, including the
High Court and Supreme Court, there's
not just a barrister or two barristers in
court, there's always a solicitor there.
Solicitors frequent the courts, and to
use the phrase James uses, spend
lifetimes in the courts, and are just as
familiar with the Bar Library as to how
the courts operate as are barristers.
Indeed David the point that I've been
making on this is that we inherited a
legal system from the British and the
exclusive monopoly for members of
the Bar Library to be appointed to the
High Judiciary, is really just a relic of
British colonial rule, it's a relic that's
been thrown off in other countries. For
example, in Australia solicitors,
barristers, all practising lawyers, are
eligible for appointment to the highest
courts and indeed have been appointed
to the Supreme Court.
David Hanly:
Alright. Not I want to ask you a final
question
Alan Shatter
and then I'll go
back to
James Nugent,
do you think that
the Minister will now change it? The
word coming through is that she may.
Alan Shatter:
Yes, well firstly this decision is going
to be made today. We had a unique
situation in the Joint Committee. . . .
David Hanly:
Yes.
Alan Shatter:
. . . . where following my tabling an
14
amendment on this every speaker
from every political party expressed
the view, based on the public
interest that there should be a far
wider pool of lawyers available for
selection to the higher courts, that
doesn't mean automatically that
any particular solicitor or barrister
is going to be appointed unless
they're suitable.
David Hanly:
No, but will the Minister accept it do
you think now?
Alan Shatter:
And certainly the Minister listened
very carefully to the views expressed,
the Legislation Committee is a
Committee set up to allow members of
the Oireachtas to contribute to the
legislative process, I'd be extremely
surprised, having heard the views
expressed, if the Minister didn't come
back into the Committee and indicate
movement on the side of Government
to allow this Bill to be amended.
David Hanly:
And if she does,
James Nugent,
going
back to you, what action will the Bar
Council take?
James Nugent:
Oh well there's no, I mean the Bar
Council is no different than any other
person in the State. . . .
David Hanly:
You'll accept it.
James Nugent:
But wouldn't it be an extraordinary
thing David that so fundamental a
decision should be made on the basis
of an amendment proposed two days
ago and a decision made in that time,
without any chance for a debate, for
proper representations, we. . . .
Alan Shatter:
But James, there's been a debate on
this for a number of years, this is not a
new issue.
James Nugent:
Alan, there has not been a debate on
this for a number of years, the . . .
sorry. . . the Bill. . .
David Hanly:
Well the debate that must ensue,
James Nugent
, I'm afraid will have to
take place in another forum because
we have run out of time. I want to
thank you both,
James Nugent
and
Alan Shatter.
•
Nine O'Clock News - RTE 1 TV -
7 December 1995
The Government's concessions on the
solicitor judges issue, announced hy
the Minister for Justice to the Dail
Committee, was the fourth item on the
Nine O'Clock News. An abbreviated
transcript of the TV news report
follow s.-
Bryan Dobson
(presenter): The
Minister for Justice has introduced an
amendment to the Courts and Court
Officers Bill to allow solicitors here to
become judges of the High and
Supreme Courts. Up to now these
positions have been open only to
barristers.
Nora Owen, TD
(Minister for Justice):
I am going as far as I feel it is
necessary to go in this legislation to
give some consideration to what the
deputies here from all parties have
said.
Derek Cunningham
(reporter):
Tonight, while the Bar Council said it
welcomed what it termed the caution
and prudence of the Minister in
deciding not to allow solicitors to be
directly appointed to the higher
courts, the Law Society accused her of
not going far enough.
Ken Murphy
(The Law Society): The
Government missed an opportunity to
greatly widen the pool of legal talent
and expertise from which judicial
appointments can be made.
Derek Cunningham:
However, both
sides were able to welcome a
commitment by the Minister to