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]

 

11:00 am

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent) | Oireachtas source

I thank Deputy Wallace for swapping his time with me today because I have to leave soon.

I compliment Deputy Ross on introducing this Bill. It is not a knee-jerk reaction but legislation that has been drafted carefully and examined over a number of years. The Minister of State, Deputy Paschal Donohoe, read out the script of the senior Minister, Deputy Shatter, who is on Government business. I understand the latter is at an informal meeting, a matter of defence. I raised before the question of whether the Minister for Justice and Equality should be in charge of two Departments, responsible for both justice and defence. I questioned that a number of times in this House. The Minister's business is in Ireland today. Considering all the turmoil, I suggest respectfully that he come to the House.

The Minister of State asked for examples of where circumstances were a bit scary in respect of judges. I can put my hand up and state I have personal experience that I can share. It is well documented in the press and Deputy Ross's book. There was the Fr. Niall Molloy case and colleagues have mentioned many others. Mr. Justice Cooke - who has been appointed by the Minister for Justice and Equality to review what the latter, rather than anybody else, wants to review - his history is not unblemished. Let me quote articles in this regard. They are in the public domain in case the Acting Chairman is worried. One headline states, "Judge Cooke lands in the soup". The Minister is now in the soup. It was once said Mr. John Bruton would use a fork to try to eat soup. If the Minister were eating soup these days, he would have a spring at it; that is what I think about him.

Happily for all parties in the court case with Mr. Cooke and Mr. Seamus Maye, whom I happen to know and who has been blackguarded by the justice system and by this particular judge, he had to withdraw from the case. Luckily for the judge, he did not know he had shares because he had advisers buying them for him. He bought more after the court case began but luckily he did not know either. We will give him the benefit of the doubt; he is so wealthy he did not know. Is he the person the Government is now putting in charge of the important issues concerning the Garda Síochána Ombudsman Commission and the Garda whistleblowers? This lacks any shred of credibility and it is disgraceful.

An article by Dearbhail McDonald revealed that some senior judges had lost €250,000 in various investments. These investments include investments in Anglo Irish Bank. Every day of the week we hear such stories. In the case of IBRC, people are brought before the eminent justices who are up to their necks in the banks. How could that be justice? How could they be so removed and above political and human consideration when they have a vested interest in the banks and when they are under pressure to make repayments themselves? What is happening stinks to high heaven. The Minister of State, Deputy Donohoe, must know it; if he does not, I do not know what planet he lives on.

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