Dáil debates

Wednesday, 24 October 2012

Ceisteanna - Questions - Priority Questions

Judicial Appointments

2:15 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael) | Oireachtas source

It must be remembered those who are appointed, save in the cases of promotion, first came through the judicial appointments advisory board. It is important in a constitutional democracy that we have balance and accountability in these matters. The Government and the Minister of the day is accountable for appointments made, albeit the names come through the judicial appointments board. However, if someone thoroughly unsuitable is appointed, the Minister is accountable and is required to come into the House on the matter.

Some other countries have created an independent judicial appointments system which has no accountability but instead allows a select number of judges and legal professionals to determine exclusively who is appointed to the courts. No matter how independent such a group may perceive itself, in the absence of accountability there is always a risk that those appointed are those whose presentations in court are most approved of by the judges making the selection. Having a completely unaccountable body, exclusively making appointments with no accountability to Parliament of any description is not the best solution.

There is no monopoly of wisdom in or a perfect system for a judicial appointments system. No matter what objections people may raise to the current system, it is extraordinarily difficult if not impossible in the context of the myriad of appointments made to the Judiciary in recent decades or even after 1922 to identify a judgment delivered which could be perceived as being based on support of a particular party in this State.

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