Dáil debates

Monday, 14 December 2015

Courts Bill 2015 [Seanad]: Second Stage

 

12:35 pm

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

I am always a little suspicious when a Bill of this sort is produced on a Monday morning at the end of a session.

I wonder if it is intended that it will go through without the maximum scrutiny and discussion and that, of course, is exactly what will happen to the Bill. The briefing document states the Bill has a single purpose: to increase the maximum number of High Court judges from 35 to 37 which will lead to an increase in the efficiency of the courts and reduce the backlog . That is correct, but I oppose the Bill, not because there is anything wrong with increasing the number of High Court judges - God knows they are needed - but because of the method that will be used to appoint them, which the Government has signally failed to tackle. It is easy to be reformist when one is in opposition. It is easy to promise reform of the courts and the Judiciary, but nothing has happened since the Government came to the power to reform the system used for the appointment of High Court judges, which will be done rapidly, presumably during the Christmas period. I may be wrong, but I would not be a bit surprised if the two new judges were identifiable with the political parties that have been in power for the past five years. It may be that this will not happen, but the reason I oppose this measure is it is being brought forward in isolation when the Government has totally and utterly failed to reform the Judiciary. The Judiciary is a scandal in the way it is appointed. It is wrong, it is political, it is flawed; it is unreformed and, despite protestations by political parties when in opposition, they continue to hold the power of patronage and abuse it badly when in government.

I would like to hear from the Government that the two appointees who will probably be able lawyers will not be chosen on the basis of their political colour. That pledge, of course, will come quite easily, but I will not believe the Government parties because the evidence is absolutely compelling. I would probably be picked up by the Chair if I was to start naming people-----

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