Dáil debates

Friday, 12 July 2013

Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Second Stage (Resumed)

 

11:00 am

Photo of Shane RossShane Ross (Dublin South, Independent) | Oireachtas source

It would be far better if judges were appointed in a transparent manner, after interviews, with qualifications and brought before Oireachtas committees in order that Members of both Houses and all parties could examine them in a demanding way and that they would have to be seen, not just by the Oireachtas but the public, to have the necessary qualifications to fill these particularly serious roles in society.

It is well known that representations, particularly in the District Court, are made regularly by politicians to politicians to appoint their people, and then they fly through what is known as JAAB.

It is no coincidence that down in the Law Library the Judicial Appointments Advisory Board, JAAB, is known as "JAABs for the boys". That is what they call the system, because they know it is a bit of an old racket they can get through. Any Minister may say this does not happen because of the system they must go through, but that is not so. The system is regarded as a joke, as a system put forward in order to get the right people into the right jobs, in many cases because of their political pedigrees.

I do not want it to be understood this is the case in every situation. It is not, but the system is open to abuse and is abused. Let us look at the appointments made under the current Government also. There are people - the Chair would pick me up if I named them and it would be unfair to name them - who have got through the hoops under Fine Gael and the Labour Party who would never have got through those hoops under Fianna Fáil. There are European candidates who stood for Fine Gael and now at least one is in the High Court. Is that a coincidence?

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