Alan Shatter (Dublin South, Fine Gael)

It is unfortunate that there should be a perception in any circumstances that any form of political connection is required in order to be appointed to the Judiciary. In the case of every appointment made by this Government, the persons were appointed because of their legal expertise, their reputation as lawyers and in all but two of the appointments made, were appointments made on foot of a recommendation from the Judicial Appointments Advisory Board. The two appointments made that were not on foot of a recommendation from the board included the appointment of the Chief Justice, Susan Denham, who was an Ordinary Judge of the Supreme Court. The appointment of a Chief Justice is an appointment made by the Government and the Judicial Appointments Advisory Board has no role in this appointment. The other appointment was the promotion of Judge Thomas O'Donnell, a District Court Judge, to the Circuit Court. This was the promotion of a judge, as has happened in many instances and in which the Judicial Appointments Advisory Board plays no role.

What is particularly unfortunate is the presentation being made in the media to suggest that those who have ever engaged in political activity or those who have ever contributed to a political party, should first be ineligible to be appointed to the Judiciary and in my view it is also unfortunate that individuals who seek such appointment, who are recommended by the Judicial Appointments Advisory Board and who are appointed because of their expertise, now find themselves with regularity pilloried by some sections of the media as being unworthy of the appointments. It is very important that this House does not add to that perception. It is important to send out the message that such appointments will be made based on expertise. There is a very dangerous road now being travelled. This is a democracy and we have an interest in encouraging people of ability to engage in the democratic process, to engage in politics, to support one or other political party or to be independent in their political views. It would be most unfortunate if we created a system whereby because someone had been politically engaged, he or she was deemed ineligible and, indeed, would fear that if they seek judicial appointment, they will suffer the type of pillorying that has been experienced recently.

Although I think some sections of the media would not believe this, following some of the appointments made by this Government which were based on merit and recommendation from the Judicial Appointments Advisory Board, I have opened my newspaper the following morning to read some allegation that someone has contributed to a candidate's election campaign or someone was engaged in politics in years gone by or have an aunt or an uncle, cousin or someone associated with a political party and the perception is presented that this is the reason he or she was appointed. On occasions, I have not known of any particular political commitments, engagements or relations. In the case of one of the recent appointments we seem to have arrived at the point where because someone was the sister-in-law of a TD, it was suggested an appointment had been made when in fact that individual was appointed because of the person's excellence and because the person was one of the names recommended by the Judicial Appointments Advisory Board.

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