Schedule 2 - Judicial Appointments Commission
Justice (Northern Ireland)
11:15 am
Lady Lady Hermon (North Down, UUP)
I beg to move amendment No. 91, in page 71, line 34, leave out 'may' and insert—
'must'.
It may assist hon. Members to look at paragraph 2(4), which states:
The First Minister and the deputy First Member, acting jointly, may dismiss a non-judicial member
who they are satisfied is unable to fulfil his functions for the reasons listed.
By replacing the word ''may'' with the word ''must'', my amendment would remove the discretion that is given to the First Minister and Deputy First Minister and impose a duty on them. A non-judicial member who is unable or unfit to exercise his or her functions should be dismissed—that should be a clear duty, not a discretionary matter. There has been a slight oversight, which the amendment would remedy.