Oireachtas Joint and Select Committees
Wednesday, 8 July 2015
Joint Oireachtas Committee on Finance, Public Expenditure and Reform
General Scheme of Public Sector Standards Bill 2015: Pre-legislative Scrutiny
2:00 pm
Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source
Given a judge made this request and the approach being taken seems to follow Judge Mahon's approach, if it is good enough for a judge to recommend it, it is good enough for judges to be included. Mr. Beausang will say there is the issue of the separation of powers but if judges want to feel they are above it, let them challenge the legislation. That is my view. We are talking about people in decision-making roles.
Think of the decision-making capacity of judges such as Mr. Justice Mahon, Mr. Justice Flood, Mr. Justice Moriarty. The influence that they wield on public life and on setting the agenda for the Oireachtas, as they are doing now, is phenomenal. I do not buy that they should be outside the remit of ethics legislation. We can dance on the pin of separation of powers. I do not ask for Oireachtas oversight. They can have their own commission within the Courts Service or whatever. I would not attempt to encroach on that but the same standards that apply to Oireachtas and other public officials should also apply to judges. The Department has to work on a mechanism to make sure the Oireachtas is not encroaching on them. They are subject to the same taxation laws as we are; they should be subject to the same ethics law-----
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