Oireachtas Joint and Select Committees

Thursday, 12 November 2015

Public Accounts Committee

Business of Committee.

10:00 am

Photo of John DeasyJohn Deasy (Waterford, Fine Gael) | Oireachtas source

Something significant happened after our meeting last week. During that meeting with the officials from the Department of Justice and Equality, the debate strayed into the issue of burglary.

When the witnesses were being questioned, one of the senior officials in the Department of Justice and Equality made a comment that in their opinion judges were not taking burglaries seriously enough. It has transpired that some pressure was put on that official to apologise for that remark. That is quite significant. Our system of Government is not exactly like the US system in that we do have a separation of powers. Our Executive and our Legislature is rolled into one, and then we have the Judiciary. I do not believe that it is out of bounds for one arm of the State to criticise another arm of the State if it is a genuinely held belief which is based on policy. When I read the Criminal Justice (Burglary of Dwellings) Bill 2015, which is currently passing through the Oireachtas, it is clear that the Department of Justice and Equality felt it was necessary to restrict judges' ability to give bail in some circumstances. That is the essence of that piece of proposed legislation. When one reads the Bill it is clear that there is a view within the Department of Justice and Equality that some judges are not taking the issue of burglaries seriously. This is why the Bill was drafted. I believe that a Judiciary which does not hold back in criticising the Legislature or the Executive has no right to expect to be above general criticism. I do not think there is any bar within the Constitution on a senior official in the Department of Justice and Equality giving the kind of opinion that was given in this committee last week. The matter needs to be looked at and the question asked: why was the official forced to write an apology to the President of the District Court? What occurred at this committee last week, and after the fact, was very significant. I will not say it was a seminal moment with regard to the separation of powers in the State, but I have never come across an incident like this in which an apology was demanded by one arm of the State from another. This is a parliamentary committee and the official in question is a very senior official within the Department of Justice and Equality. His view would be agreed with by the vast majority of citizens and might even be agreed with by some members of the Judiciary. It is reasonable to ask who forced the official to write that apology. This incident should not be allowed to pass. There are checks and balances within the Constitution. I do not believe the official in question crossed the line, and that should be pointed out by this committee.

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