Oireachtas Joint and Select Committees

Wednesday, 26 November 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Judicial Appointments: Discussion

10:50 am

Photo of Alan FarrellAlan Farrell (Dublin North, Fine Gael) | Oireachtas source

I apologise for missing the presentations. Unfortunately, my absence was caused by the vagaries of Dublin traffic. I will make a couple of observations and ask a couple of questions.

My wife who is a barrister at law is a widow to politics, while I am a widower to the legal profession. We heard about the need for members of the legal profession to gain sufficient experience to give themselves an opportunity to be considered for a judicial appointment. This takes X number of years in one's chosen field of the law, whether one is a solicitor or a barrister. Unfortunately, from my observations on either side of the legal profession, career progression depends on who one knows. To pick up on Deputy Finian McGrath's point, it is very difficult for legal professionals to keep themselves in the Law Library and acquire the experience members of other professions automatically gain when they secure a job after qualification. The same applies to some extent at the level of the Law Society. If one is not connected, one cannot reach the point where one would be considered for a judicial appointment.

The Chairman made the point in reverse when he referred to not knowing people and, therefore, not being considered for a judicial appointment. It turns the argument on its head when members of the legal profession and the Judiciary and those who observe the Judiciary, including the three delegates, consistently argue that the political appointments system can and often will show a certain bias towards particular individuals. Dr. Carroll MacNeill referred to two individuals who had the same qualifications and one enjoyed certain political patronage. My view is that one should toss a coin. If the appointee happens to have political patronage, only time will tell whether he or she will be a more or less effective member of the Judiciary.

Comments

No comments

Log in or join to post a public comment.