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

Absolutely appalling decisions have been made in the courts that have really damaged people in a most severe way. I have no examples of where this was done for reasons of political influence, except possibly in the case of Fr. Niall Molloy to which other Members have referred. However, there must be a reason that they were done because of incompetence or for some reason. Perhaps it was because the best people were not appointed to the jobs. There have been horrendous cases involving violence against women in which judges have given appalling sentences to which any right-minded citizen would object but there is no right to recourse. It is a fact that a number of judges were the beneficiaries of the termination of multiple penalty points and then sat in judgment on other drivers and served them with penalties. In my opinion, that is unlawful and there is a problem with the system. I am aware of a complaint currently with the President of the District Court about the criminal behaviour of a judge who tried to use his position to encourage someone not to make a complaint against a senior garda. That case is not being treated appropriately but there is no time to deal with it.

This issue pertains to no one being above the law and about everyone being accountable. Just as it now is appropriate to talk about bad behaviour of priests or is acceptable to talk about gardaí or politicians, judges must also be in that category because there is a difference between the administration of the law and the delivery of justice and people seek justice.

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