Jim O'Keeffe (Cork South West, Fine Gael)

I am pleased that step has been taken because it makes effective the step we are taking in this Bill, which I support. For once I support the Minister.

As we are speaking of judges, I want to raise another issue. It is imperative that judges keep abreast not just of developments in the law, but also of trends in practice and social norms. I am a great believer in judicial independence which is a fundamental pillar of our democratic system, but I also believe that judicial independence requires a well-trained and well-prepared Judiciary. We cannot really expect judges to be consistent and effective in sentencing if they do not receive the appropriate education or training in the matter.

Few professionals operate in practice without ongoing professional development. For example, members of the Bar, in theory, are expected to submit themselves to a specified number of hours of education periodically. I am aware that members of my side of the profession, solicitors, are expected to do likewise. Looking at the circumstances of judges, however, on the Wednesday of one week one could be pleading a case before the court and on the Wednesday of the following week the same person could be hearing another case. We operate on the basis of no formal training being available to judges and I wonder is that appropriate. In other countries under the continental code, being a judge is a profession in its own right. As they begin their career as judges and train to be judges, that issue does not arise. However, we operate a different system where we rely solely on appointing those who are practitioners, either as barristers or solicitors, and it is up to them to equip themselves with what is needed to provide a vital public service.

At the very least, in order to implement international best practice, judges should be able to undergo a specified amount of training every year. I accept the Judicial Studies Institute runs worthwhile and valuable seminars and lectures, but I understand the format of this training is far from focused and its ad hoc nature may mean it effectively fails to address important issues of every day concern to members of the Judiciary.

Judicial training could include a variety of subjects designed not only to improve knowledge but, importantly, also to change attitudes. I do not underestimate either the intelligence or knowledge of judges, but from time to time one would raise questions about their attitude.

In many countries judicial education exercises attitudinal change to improve judicial integrity or to eliminate hidden bias on gender or ethnic issues. Managing this type of training is critical. Overall control and direction of judicial training could be in the Judiciary's hands or training could be provided by separate entities such as law schools or judicial training institutes managed by the Department of Justice, Equality and Law Reform.

Let us be clear. Judges do not operate alone. They are the front men and women for a substantial administration that is our criminal justice system. It is an imperfect system. It works well in the majority of cases. In recent years we have become aware of flaws in that system and as crime increases these flaws become more obvious. The Irish criminal justice system suffers from issues of accountability and transparency. However, Article 34.1 of the Constitution requires that justice be administered in public subject to certain restrictions with regard to family law, rape and other cases. Although the hearing of the case and the sentencing of convicted persons takes place in public people are still left with the lingering feeling that they do not see all that goes on. We need to work harder to counter that feeling and we need to show citizens that justice is not only administered in public, but transparently for everyone to see.

I support the increase in the number of judges. I support, in particular, the idea of increasing the number of criminal judges. The Bill does not go far enough. I would like to see the number increase further and even if they are not immediately appointed, it would save us in the next Government the trouble of having to introduce a further Bill when we want to appoint judges, which we probably will do at an early stage. The Minister might consider that before we complete the debate on this Bill.

In his concluding remarks, I also want the Minister to deal with the issue of fundamental concern to me, that is, the issue of freedom of speech and the arrest of a journalist. That needs to be fully clarified. I understand the journalist concerned is still under arrest. I further understand that the Evening Herald editor, Stephen Rae, stated on the "Six One News" this evening that last week he was interviewed by gardaí who stated they were there on foot of a complaint from the Minister. If that is so, the Minister should explain the situation now.

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