Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I absolutely agree with the Deputy that it is vital. The Judiciary and the courts are at the heart of the justice system and are constitutionally independent in their operation. Under the Constitution, judges are appointed by the President on the advice of the Government. As the Deputy knows, the current process for the appointment of judges in Ireland is set out in Part IV of the Courts and Court Officers Act 1995, as amended. This Act established the Judicial Appointments Advisory Board, which is the board involved. With regard to the independence of the Judiciary, I was pleased to note the conclusions in the recent report of the Council of Europe's anti-corruption group, which is known as GRECO. Its fourth round evaluation report on Ireland found that our Judiciary is among the most trusted public institutions in the country. It was gratifying that the principle of judicial independence in this country was recognised by the international evaluation team - GRECO - that did this work and that the independence and professionalism of our judges was not disputed.

The need to ensure and protect the principle of judicial independence was a significant factor in the announcement by my predecessor in December 2013 of a consultation process on the system of judicial appointments. While the Judicial Appointments Advisory Board that we currently have was a model of best practice, it would be timely to review the operation of the judicial appointments system to ensure it reflects current best practice, is open, transparent and accountable and promotes diversity. We got a significant response to our call for submissions. We have those submissions now. They cover many different areas, including criteria for eligibility and the appointment process. A report on the consultation process that is being finalised by my Department will inform the provisions of the forthcoming judicial appointments Bill, which will reform and update judicial appointments procedures. I intend to submit this Bill to the Government and publish it later this year.

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The review and reform of this area which is critical to the functioning of our system of justice provides an opportunity to determine what type of system can best respond to the expectations and needs of a modern state.

As regards allegations of judicial misconduct, the Deputy will be aware that the programme for Government undertakes to "legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". The judicial council Bill, which is being drafted at present and is on the A list in the current legislative programme, is intended to give effect to this commitment.

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