Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank the Chairman. I will be brief. I am not inclined to accept amendments Nos. 19 and 20 in the context of the Bill before us. Making the amendments would mean that, subject to the existing fundamental requirement in section 7 that merit is the basis for any decision to recommend a person for appointment to judicial office, regard would also have to be had to an additional new and third objective that there be proficiency in the Irish language among the Judiciary. Deputies will know that the Law Reform Commission's 2010 report on the consolidation and reform of the Courts Acts examined existing provisions in sections 44 and 71 of the Courts of Justice Act 1924 which provide that, where practicable, a person assigned as a judge to a district or circuit where the Irish language is in general use must possess such knowledge of the Irish language to enable proceedings to be conducted without the aid of an interpreter. The Law Reform Commission examined these provisions in light of the requirements of sections 8 and 9 of the Official Languages Act 2003 which deal with a person choosing to use the national language of his or her choice when dealing with a public body. The commission recommended that its proposed courts (consolidation and reform) Bill should enhance the provisions of the 1924 Act.

It recommended that its proposed courts consolidation reform Bill should enhance the existing 24 statutory provisions and should provide for a Circuit Court or District Court judge assigned to a Gaeltacht area to be registered in the Irish language registers provided for under the Legal Practitioners (Irish Language) Act 2008 without prejudice to any right or obligation under the Official Languages Act - sections 8 and 9 in particular.

It has not proved possible to put such proposals into current substantial legislative reform programme. However, if and when it arises, it could be a more appropriate place to examine further where there is a need for the Deputy's proposed reforms not in the stand alone piecemeal way peculiar to the judicial appointments process, but in the broader context of the provision of courts services through the Irish language generally in the existing law as set out in 1924 and more recent statutes not under the direct remit of my Department as well as wider aspects of the European Union law. The language issue is wider than the appointments process, looking at the scheme of the courts services Bill - the scheme of courts services as published in the 2003 Act detailing the courts services existing policy in practice regarding the delivery of services in the Irish language.

Deputy Clare Daly makes her point in amendment No. 21 dealing with political affiliation. That is similar in effect to amendment No. 189 to section 64 proposed by Deputy Wallace. That amendment seeks to prohibit any consideration of political affiliation in the judicial selection process. I accept the thinking behind the amendment to the effect that political affiliation should not in any way be reckoned as better qualifying a candidate for appointment to judicial office, but a stipulation in section 7 of the Bill, which sets merit as the overarching criterion for recommendation with a requirement also but subject to merit the issue of gender equality and diversity into account, that makes my mind clear that political affiliation will play no role in the process of selecting persons for judicial office.

I have a concern about Deputy Daly's proposed wording that the complete prohibition on consideration of a candidate's political affiliation could be counterproductive to the intention of the amendment. For example, as political affiliation is not defined, could the Deputy's proposed amendment mean that the commission's processes would be prohibited from considering the political affiliations of a candidate who may be a known member of an extremist political group with views that would make him or her patently unsuitable to be a member of the Judiciary?

I have a number of amendments and having regard to time, we will probably have a further opportunity before these questions are put.