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]

 

11:40 am

Photo of Clare DalyClare Daly (Dublin North, Socialist Party) | Oireachtas source

I will be brief. I agree with the points made that the reverence displayed towards judges is unhealthy in any society that claims to be democratic. If one says anything about or names a judge, one almost is accused of assaulting the independence of the Judiciary. This approach is very similar to the approach that had been prevalent in respect of the Garda Síochána. Until recently, one never ever questioned the gardaí. If one does, one is subjected to an account of how crime is falling, how gardaí lay their lives on the line every day and one almost might think one would be responsible for shooting them oneself. The reality, of course, is there are good gardaí who lay their lives on the line. However, those people, like all other citizens in society, need a mechanism of accountability and transparency. This really is the root of this issue and many of the problems that are coming to the fore and about which the dogs in the street are talking at present come from that political connection. I refer to the axis of power that exists at present between the Minister for Justice and Equality and the politically-appointed Garda Commissioner. There is no doubt but that the brave and well-documented complaints of the Garda whistleblower, Sergeant Maurice McCabe, were brought to the Minister. I know the Minister discussed that issue with the Commissioner. He did not do nothing, but discussed it with the Commissioner. The Commissioner told him not to mind that fellow, he is a serial complainant, he is a bit of an nut, nothing to see here, move on. We are in the position in which we find ourselves today as a result of that close connection between those two individuals, in an appointment by the Minister of that Commissioner, which is beyond what any previous Garda Commissioner has had.

Ultimately, a judge is a person and what makes him or her different are the powers he or she has on becoming a judge. It is interesting that in a paper review of the Garda Síochána Ombudsman Commission, GSOC, - not of the surveillance and who was responsible but of GSOC's handling of the recent situation - the Government has just happened to choose to appoint a judge. It may as well have appointed me or the postman or whoever because that person is not being given any judicial powers. There is a difference there and it is very unhelpful of the Government in that regard. It is gas that a number of Deputies are relying on a publication owned by a billionaire supporter of the Government, who has clear political views, to support their arguments in this debate about political affiliations of judges. Everyone is political. I believe everyone has a right to be a member of a political party if they are mad enough to so choose but that is not really the issue. The issue in this regard is a mechanism is needed to ensure that people are appointed on merit and not because of their political views or their membership of political parties.

Comments

No comments

Log in or join to post a public comment.