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]

 

11:20 am

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

We all accept that transparency and accountability are very fine principles but we hear the words so much - there is possibly over-use – that there is a danger of them becoming clichés and therefore meaningless. We cannot allow that to happen because transparency and accountability are very much part of democracy and the democratic process. The Bill also contributes to transparency and accountability. Ba mhaith liom aitheantas a thabhairt don obair a dhein an Teachta Dála Shane Ross i gcomhair an Bhille seo.

I was also struck by one aspect of Article 35, namely, that judges shall be independent in the exercise of their judicial functions. It makes sense that the process of appointing judges is also an independent process and that it is visibly independent. Various comments have been made about decisions made by judges within the system. Like any system - human nature being what it is - decisions made by judges have been criticised by civil society groups, organisations and individuals where they were most unhappy with the decisions. Taking judicial appointments out of the political arena could only enhance democracy.

Individual members of the Judiciary have expressed their concerns about the system. For example, the European Network of Councils for the Judiciary issued the Dublin declaration on standards for recruiting and appointing judges. Chief Justice Denham saw it as a possible new standard for appointing judges. The Minister welcomed the declaration. He said a better architecture could be put in place than exists at present. The Bill could be part of that architecture.

There were a number of themes in the public consultation the Minister initiated. Again, Chief Justice Denham raised one that he had omitted, namely, the need to recruit persons of highest quality and ability to the Judiciary. Judges themselves in each of the courts are supportive of the call for a different process of judicial appointments. We know that we are losing so much confidence in our systems and institutions, therefore it is vital that we start the process of restoring confidence. Taking the appointment of judges out of the hands of the governing political parties is a step in the right direction.

I was struck by a quote from a judge. The point that was made is that it is increasingly clear that the relative success of the administration of justice in Ireland has been achieved in spite of rather than because of the appointment system. The other telling words in the quote are “relative success”. Judges perceive there to be difficulties within the system. The current system is a flawed process. In addition, it was said that the process of judicial appointment should first and foremost enhance the principle of judicial independence upon which the rule of law in our democracy is built. That is what Deputy Ross’s Bill is doing.

I found one part of the submission by judges disquieting and disturbing. It is where they make the point that high quality experienced candidates will not be attracted to the Bench because of recent changes to their pensions. Judges are very well paid and they can look after their own pensions from the remuneration they receive.

I support the idea of the broad spectrum of society but I have reservations about the process involving an Oireachtas committee. I would prefer to see the entire system taken out of the hands of those in political life.

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