James Browne (Wexford, Fianna Fail) | Oireachtas source

In the interests of full disclosure and to ensure Deputy Mattie McGrath does not have to pull me up for not doing so, I declare that I am a barrister and have a practising certificate, although it is six months since I last appeared in court. I welcome the Judicial Appointments Commission Bill and I congratulate my colleague, Deputy O'Callaghan, on bringing it forward. It seeks to establish an independent commission which will recommend and rank suitably qualified persons for appointment to the Judiciary. It is a merit based system that will aid transparency, fairness and independence in terms of the appointments of all judges. We are fortunate in this country to have a proven and independent Judiciary. Justice must not only be done: it must be seen to be done. This Bill, if enacted, will aid transparency of the independence of judges by providing a merit based system of appointment.

It is also a timely Bill. We understand that judges cannot be appointed until such a Bill is passed. We have a farcical situation. The non-appointment of judges suggests that the Government takes the view that it has an entitlement to play around with a key pillar of our democracy for the political whims of some. Such a Government is willing to indulge notions of grandeur. The Judiciary is the guardian of our Constitution and the arbiter of disputes. It is vital to the proper functioning of our democracy. By withdrawing judicial appointments, the Government brings the judicial system into disrepute and undermines the separation of powers. I agree with Deputy O'Callaghan that the non-appointment of judges is potentially in breach of the Constitution, in particular where non-appointment is for political reasons.

The non-appointment of judges is not only important because of the importance of the Judiciary itself and its constitutional role, it is important primarily because of the implications for victims. It is those who find themselves in court who are the real victims of delays in the appointment of judges. The victims of the Government's attitude are those who find themselves before the courts through no fault of their own in family law, civil and criminal proceedings. If one goes into the High Court tomorrow to seek a date for a civil case, one will not get a listing until approximately March 2018. That is 16 to 18 months away. Even if one turns up in March 2018, one's case might not get on. In the Central Criminal Court, the wait is 18 months. This is after a serious criminal case of murder or rape has actually been prepared by gardaí and the DPP. When a victim or witness turns up after 18 months and another key witness or expert is not available, the case will not be heard and will go back for another 18 months. There are criminal cases which are not seeing completion for over a decade after they first come before the courts. Meanwhile, the alleged perpetrators are on bail year after year. That is fine if they are innocent, but where is the justice in having those people out on bail for such lengthy periods if they turn out to be guilty? How many criminal cases have been lost and how many prosecutions have failed because of delays in our courts? Over time, the memories of witnesses dim and people start to have self doubt. Victims or witnesses die and evidence may be lost. In the Court of Appeal, the delay is six to eight months. To have sufficient numbers to hear cases, the Court of Appeal is pulling judges out of the High Court, which increases the delays in the lower court.

All this is hugely important. Whether they are people in family law disputes, civil disputes, victims or witnesses in criminal cases or innocent persons who are charged with an offence, they all have their lives put on hold. I have seen people in the courts as year after year drags on and their physical and mental health deteriorates. In those circumstances, it is wholly unacceptable that there would be any delays in the appointment of judges. In circumstances where there is now a perfectly acceptable Bill before the House, in Deputy O'Callaghan's legislation, I urge Members to support it and drive it on. If the issue of non-appointment of judges drags on and there is a challenge by a victim or a witness where a case collapses on foot of delays, imagine the embarrassment for the Government. More importantly, imagine the embarrassment for the State if the courts found that the failure to appoint judges for political reasons was in breach of the Constitution. It would bring the entire system into disrepute on an international level.

The losers in all of this are the victims. Their physical health and mental health is at risk. Ultimately, the loser could be the State itself. We have heard several times that justice delayed is justice denied. It is not an empty phrase. It is a very meaningful one for those who are in the courts on a daily basis and going through delays which constitute what I consider a quiet nightmare. It is something to which very little attention has been paid. I encourage people to attend to it because it is a quiet nightmare for all those involved in court cases. Most people will never have anything to do with the courts and on the rare occasions they do the stress involved is phenomenal. I have heard so many people over the years say that they were sorry they had ever gone to court and made a complaint because of the delays involved. I urge the Government and, in particular, the Minister, Deputy Ross, to support Deputy O'Callaghan's Bill. Let us bring forward and enact a Bill that is fair and will bring about the transparency and independence needed to allow us to get on with the appointment of judges and, once again, restore credibility to the judicial system and the House.

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