Joan Collins (Dublin South Central, People Before Profit Alliance) | Oireachtas source

I do not want to eat into the time of other colleagues.

This debate on the Judiciary is important because many ordinary people have seen the system as not just an example of political patronage but of class issues. For decades judges have been picked from people who were able to attend college and university. Successive Governments have exemplified in the minds of many people a system of political patronage with the Judiciary and Garda systems. That is the feeling in many communities across the country. What is key in this debate is the need for a step towards transparency, democracy and accountability. It should be seen by ordinary people that the system they could face is transparent.

The judicial appointments board suggested by Deputy Shane Ross to consider applications to fill judicial positions is an important element of the Bill. There is nothing prescriptive in it about the make-up of the board.

Taking on board the views of a human rights advocate, I believe others from across the spectrum could be on the board. This is to be debated or proposed further down the line. Community groups should be included. I refer to FLAC, Advic and those with considerable experience in dealing with how decisions are made in the courts and how people are treated therein. The nature of the judicial appointments board is to be decided but the principle in the Bill represents an important, radical change that would have a considerable impact on people's view of the judicial system.

It is important that there is clear water between politics, the judicial system and the Garda. If there is no clear water, it can only lead to suspicion, even if there is nothing untoward. In many cases, there have been miscarriages of justice not necessarily because of political patronage but because of the system itself. That judges can be politically appointed adds to the problem, however. That they can be friends, relatives and family members of those involved in politics presents a problem.

The Bill is very important. The involvement of an Oireachtas committee with a majority of non-Government members is required, and this must be made very clear. The Bill uses the wording, "the majority of whom are not affiliated to the political parties who form the Government". It is important that the process be seen to be taken out of the control of the Government. We all know that when Fianna Fáil was in power, there were Fianna Fáil-appointed judges. Under Fine Gael and the Labour Party, there have been Fine Gael-appointed and Labour-appointed judges. This must change, as must the sense of privilege. This Bill goes a long way towards that.

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