Joe Costello (Dublin Central, Labour)

I thank the Ceann Comhairle for allowing this matter on the Adjournment and I welcome the Minister of State to the House.

There is no doubt serious issues regarding the Judiciary must be addressed by the Minister for Justice, Equality and Law Reform, the Government and the Legislature. The current appointment of judges leaves much to be desired. All judges are selected from the ranks of the country's barristers and solicitors. Barristers and solicitors are trained advocates in a highly-polarised adversarial system. In European countries, judges opt for the Judiciary as a career and undergo a third level training course in preparation for it.

Ireland does not have formal training or induction courses for newly-appointed judges or for those barristers or solicitors who aspire to be judges. One day, they are professional advocates whose success and career depends on the strength of their advocacy and their ability to compete with and overcome their opponents. The next day, they are sitting on the Bench, expected to be even-handed and possessing the wisdom of Solomon. The assessment of arguments and evidence in the courtroom and the imposition of sentences for offences are delicate and demanding skills which require great maturity, experience, balance and character. The Minister for Justice, Equality and Law Reform should make provision for formal training and induction courses.

The experience of mandatory sentencing for drug offences highlights the failure of the Judiciary to respect the will of the Legislature, as only a tiny fraction of mandatory sentences have been imposed since the legislation was passed in 1999.

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