Dáil debates

Friday, 6 June 2014

Reform of Judicial Appointments Procedures Bill 2013: Second Stage [Private Members]

 

1:10 pm

Photo of Shane RossShane Ross (Dublin South, Independent) | Oireachtas source

I am not particularly fussy about how it happens but the principles are very important. I would like to see the initial selection process being made by outsiders but allowing, as Deputies Broughan and Mac Lochlainn stated, people with legal expertise to be involved. It would be appropriate, of course, that wider society gets involved. I do not know whether the groups identified by previous speakers are necessarily the right ones and I do not particularly mind, but at least a broader section of society should get involved in the initial selection process. When one goes beyond this, of course, as Deputy Broughan stated, it would be more than appropriate if people with legal expertise were involved, but this does not mean it must be people who are practising lawyers. It does not mean it must be politicians who are practising lawyers, or politicians at all. Why would one not include in the process people from academic institutions with legal expertise?

Why would one not include people - who know who are the experts on law, who would be suitable judges and would be slotted appropriately into such places - at least to make the initial recommendations? One would have a politician-free zone and a judge-free zone in this regard.

The Minister of State's remarks are contradicted by a point to which previous speakers have referred, which is the judges themselves are deeply embarrassed by the process at present. The judges themselves issued a report earlier this year stating they did not wish to see a process that allows such blatant naked political interference in the selection of judges.

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