Brendan Howlin (Wexford, Labour) | Oireachtas source

In recent times we have heard the Minister for Transport, Tourism and Sport, Deputy Ross, declare that reform of judicial appointments is his top priority, far above anything in the transport Department, we presume. In focusing on his top priority, he has launched the most aggressive attack that I can recall made by a Minister on the Judiciary. Yesterday, the Irish Independentpublished a column written by Jennifer Carroll MacNeill, an expert in the judicial selection process and as Deputies will know a former adviser to two Fine Gael Ministers.

She did us some service by documenting some of the statements made on the Judiciary by the Minister, Deputy Ross, in recent times. The Minister has said that the Judiciary has had a charmed life since the foundation of the State. He has said that those in the Judiciary might forget their constitutional oath.

He said that judges have a blank cheque to declare nothing. He also referred to the Judiciary as a protected citadel. When Members of this House raise any questions about the behaviour of the Minister, Deputy Ross, regarding these matters, he normally attacks them as being apologists or legal insiders. No more than the Taoiseach, I do not have a legal background. I have never studied or practised law so I hope Deputy Ross will not consider me a legal insider. However, I hope the Taoiseach will share my concern at his recent statements.

I do not disagree with Deputy Ross on everything he said. The idea of a register of judicial interests is a worthwhile proposal. Politicians declare their interests on an annual basis and I do not see why judges could not have such a register. As I said, the same rule should apply, but I do not think Fine Gael agrees with that. I also agree with Deputy Ross that there is no reason, in principle, that an enquiry into judicial conduct should not have a lay majority. After all, judges are finally accountable to this House, which is the ultimate panel of the laypersons. However, the notion, which Deputy Ross is determined to drive home and which, apparently, is to be resisted by Fine Gael - perhaps not - that only a lay majority should appoint judges is in my view bizarre. Would Deputy Ross seriously be willing to undergo surgery by a surgeon appointed by a panel of stockbrokers or journalists? Doctors, engineers, architects and academics are all appointed by panels comprising a majority of experts in their relevant fields. Any clear-headed analysis will conclude that being a judge requires expertise and we need experts to assess the expertise of the candidates proffered.

I have two questions. First, will the Taoiseach publicly dissociate himself from the comments made by one of his Ministers which clearly cross the appropriate line between the Executive and the Judiciary? More importantly, will he confirm to the House - while acknowledging the value of a lay minority in the selection of judges - that a majority of those involved in selecting judges should have expertise in the law and practical experience of how the judicial system works?

See this speech in context