Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I welcome this discussion on judicial appointments as part of this debate because the issue is integral to the passage of the legislation. I look forward to the outcome of the consultation process. As the Minister pointed out, the current system of judicial appointments has been in situ for more than 20 years and it is time to reform it. The Fianna Fáil Party supports reform of the appointments process and the promotion of transparency. Our position is that the final decision on the appointment of members of the Judiciary should remain with the Government. In that respect, we differ from other political parties which would like the final decision to be made by an independent appointments commission. The appointment of judges should be the responsibility of the Government because Governments can be held to account in the event that something goes wrong.

The House has debated this issue on a number of occasions, notably when my party and Deputies Mac Lochlainn and Ross proposed legislation in this area. Deputy Creighton used the same citation from the Chief Justice, Mrs. Justice Susan Denham, as I used in a previous debate. It is ironic that current members of the Judiciary find fault with the process under which they were appointed. It is also ironic that during debates on the appointment of the Judiciary, Deputies first point out perceived flaws and speak of the need for reforming the system before complimenting current members of the Judiciary on the excellent job they do. We should bear these ironies in mind in this debate.

I can recall only two judges, the former Judges Curtin and Perrin, who had to vacate office. To be fair to the current system, the activities that resulted in the removal from the bench of the two judges in question would not have screened out by any process or system.

Does the proposal to state reasons for the decision to appoint or not appoint candidates for judicial appointments give rise to privacy or constitutional issues? A person who applies for a job is entitled to privacy. If, for example, a solicitor in employment applies for a judicial position, is he or she entitled to have the application dealt with confidentially? A successful applicant will fill the position, whereas an applicant who fails to be appointed may potentially experience damage to his or her career if this information enters the public domain. I am concerned about this possibility. If the three names that go forward are in the public domain, we will know who the successful candidate is as soon as the appointment is made.

The Minister indicated she does not propose to accept the amendment on this occasion. I am sure the House will debate this issue again once the current consultation process has been completed. I ask the Minister to comment on whether it would be appropriate to issue a public statement setting out the reasons persons have not been appointed. Should those engaged in the appointments process not be afforded some degree of privacy?

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