Dáil debates

Friday, 21 February 2014

An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Ceapacháin Bhreithiúnacha) 2013: An Dara Céim - Thirty-fourth Amendment to the Constitution (Judicial Appointments) Bill 2013: Second Stage [Private Members]

 

10:30 am

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Ceann Comhairle for the opportunity of speaking on this important debate on the Thirty-Fourth Amendment of the Constitution (Judicial Appointments) Bill 2013.

I thank and commend my Independent colleague, Deputy Ross, for bringing forward this legislation as part of the overall reform debate. Deputy Ross has shown great courage, vision and leadership on this urgent matter to remove Government control of the system of judicial appointments.

This radical and sensible change also shows clearly how Independent TDs not only talk about reform, but do something about it. A fortnight ago in the Dáil, I and my Independent colleagues brought forward the Down's Syndrome (Equality of Access) Bill 2013 to help children get proper resources. Today, Deputy Ross brings forward new and fresh changes to the justice system that will lead to independence, transparency, accountability and genuine integrity and professionalism of the judicial appointments system. I urge all Members to support the legislation because it is all about reform and change. Now is not the time for the Minister to sit on the fence, say nothing and reject proposals that make sense.

The Bill provides that judges will no longer be appointed by the Government and the Constitution will be changed. All judges will be nominated by a judicial council. The judicial council will be drawn from a broad spectrum of society. That is important, new and fresh. The names will go from the judicial council to a joint Oireachtas committee with non-government majority which selects the nominations for the President, who then appoints.

I note the Minister of State, Deputy Donohoe's reaction to some of the proposals. Some of his response was a gross misrepresentation of the legislation, but I will leave it to my colleague, Deputy Ross, to challenge him on those inaccuracies.

The Bill is part of the reform. We all got elected on the reform agenda. We have seen in recent days the debate about the justice system and the issues that have gone on in society. Today, we are putting forward important concrete changes.

The citizens of the State need to have trust and confidence and they need a justice system on which they can rely, and there has been a dint in the confidence of the victims of crime and the citizens of the State. There has been the James Sheehan case. On many occasions, I raised the Peter Preston case, and I wonder was there anything in this that was rejected by a number of Ministers. There has also been the Shane O'Farrell case where a garda informer and drug dealer was let off scot free. This 19 year old student was killed on the roads. These are the issues that have to be dealt with.

I welcome the legislation. It is about justice, equality and transparency. I thank my colleague, Deputy Ross, for bringing forward this progressive legislation.

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