Dáil debates

Wednesday, 5 February 2014

Ceisteanna - Questions - Priority Questions

Judicial Appointments

10:00 am

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail) | Oireachtas source

There is no doubt that all members of the Judiciary have acted independently since they were appointed. Nobody has ever offered to me, or anybody else of whom I am aware, any evidence that there have been examples of political bias exercised by members of the Judiciary. There is a debate around the appointments process. We need to look at it and possibly consider shortening the number of names that come from the Judicial Appointments Advisory Board to the Government for consideration. There is merit in that proposal.

When we discussed this issue last May, the Minister, rightly, made the point that up to two thirds of the Judiciary had no political affiliation. I do not think the debate should be crowded around the notion that, because somebody was politically affiliated at one point in his or her life, this should automatically disbar him or her. Are we to go down a road where it will be a crime to engage politically during one's life?

Am I right to suggest the Minister does not envisage any constitutional change in terms of the appointments process for members of the Judiciary and that, following his consultation and proposals, when published, the status quo will continue in terms of the Government asking the President to appoint? In other words, it will be a process of nomination by the Government but that the preceding process undertaken by the Judicial Appointments Advisory Board will be looked at, revamped, modernised and made more fit for purpose.

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