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]

 

11:10 am

Photo of John HalliganJohn Halligan (Waterford, Independent) | Oireachtas source

I refer to the Minister of State's opening remarks regarding impartiality, independence of judges and political influence. Many people in the country would say judges have an honourable record in terms of independence from the Government. I cannot readily cite an instance where a judge's political background influenced a decision from the Bench. However, if there is nothing wrong with the system, why is the Judicial Appointments Review Committee calling for radical change in how it operates? Why are judges admitting on record to using political influence to ensure their appointment? The president of the Association of Judges of Ireland, Mr. Justice Peter Kelly, during an interview acknowledged that people who would be excellent judicial appointments were passed over in favour of people who were not so well qualified.

The manner in which successive Governments have appeared to appoint their own supporters to judicial office has been widely acknowledged. There is no transparency in a system under which Ministers are handed a list of nominations and can select whatever appointee they choose, regardless of qualifications, skills or experience. That is simply unacceptable in 2014. The Judicial Appointments Advisory Board which was established in 1995 fell short of changing the appointment system. The board is little more than a filtration system for the Government. It has no input into interviewing candidates and does not hold any sway if the post refers to the presidency of the court or if the vacancy is being filled by promotion of a judge from a lower court by the Government.

Public confidence in the Garda and GSOC has already taken an irreparable hammering. How can a Government elected on a mandate of accountability and reform expect to retain public confidence in the justice system under the current structure? It is not viable or acceptable.

We are also doing judges a great disservice under the current system, since there is a common public perception that they received their appointment as a political perk on the basis that the party they support happens to be in government. Our judges deserve better than this. The newspaper section I was showing the Minister of State earlier is a two-page spread from the Irish Independent. It shows 60 judges who all have close affiliations to Fine Gael, the Labour Party, Democratic Left, the Progressive Democrats and Fianna Fáil. Many of them were members of these parties. It is indisputable that almost all judges are appointed under political influence. The Minister of State should read the Irish Independent and about the 60 to 70 judges mentioned who all have close associations with political parties. Actually, many of them have been members of parties, yet the Minister of State says there is no political influence. That is unacceptable to the people. In bringing the Bill forward Deputy Shane Ross is presenting the Government with a clear opportunity to prove it is not a proponent of jobs for the boys. The people clearly want change, as does the Law Society of Ireland and the Chief Justice. The only body fighting to preserve this defective system is the Government.

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