Oireachtas Joint and Select Committees

Wednesday, 17 January 2018

Select Committee on Justice and Equality

Judicial Appointments Commission Bill 2017: Committee Stage (Resumed)

10:20 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

No, it is not. In other countries, many people who made excellent judges previously had political affiliations. The same is true in this country, but we will not go into that.

I have not yet referred to my amendment No. 124 which is in this grouping. I know the Minister did not have an opportunity to discuss it. In amendment No. 124, Deputy Jack Chambers and I seek to set out the characteristics that would make a good judge - the basis and the factors that should be considered by the commission when it is making a determination to recommend a person based on merit. Obviously, it is difficult to set out the characteristics that constitute merit. In many respects, a good judge is like an elephant: it is hard to describe, but when one sees it, one knows it.

I have sought to identify the characteristics that I think are important for somebody to be a good judge such as integrity; independence of mind; intellectual skills; sound temperament; ability to exercise sound judgment; impartiality; and an ability to interact with people in a courteous and considerate manner. That is not something that can be overemphasised. It is a public job dealing with members of the public and a judge must have an ability to deal with people in a courteous and considerate manner.

I have set them out in amendment No. 124. I do not know what the Minister's views are on it. I also follow it on with the fact that a judge needs to have a certain level of legal knowledge to be a judge. Sometimes people view judges as they view the current President of the United States - anybody can do it. Someone needs to be a lawyer and have a good knowledge and understanding of law in order to be a judge. It might be important to set that out.

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