Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I answered this question last week. The Constitution is very clear on the appointment of judges and members of the Judiciary. I made the point that the comments of the Minister, Deputy Shane Ross, on judges and the oath they took were personal and did not reflect the view of the Government. I spoke to him about the matter.

The programme for Government 2016, as the Deputy knows, contains a commitment to significant reform of the judicial appointments process to make it transparent, fair and credible. The Department of Justice and Equality has undertaken extensive work on a judicial appointments Bill, including seeking all necessary legal advice. Serious changes are involved, underpinning the Judicial Appointments Advisory Board, including the appointment of a lay chairperson, having a lay majority and a limitation of the number of candidates for posts to be filled by the Government. The Bill involves complex legal and constitutional questions on which detailed advice is necessary in order to proceed to finalising the general scheme of a new judicial appointments commission Bill. As the House is aware, the drafting, publication and enactment of the Bill cannot be completed overnight, especially in the current political context. It is the intention of the Tánaiste to submit legislative proposals to the Government in the next couple of weeks. Second Stage of a Private Members' Bill was passed on 26 October. The Bill was not opposed on the basis that the Tánaiste would very shortly bring forward a Government Bill on the matter.

Attention has been drawn to the increasing backlog in the new Court of Appeal and the stated requirement for additional judges to be available to the court. There is a preference in government for no further appointments being made until the new legislation is in place. There are existing vacancies in the courts and undoubtedly there will be more in the future . The requirements of the administration of justice will, of course, be taken into account by the Government on a continuous basis. There is no doubt that there is a necessity to legislate as quickly as possible for a judicial council and the Government is prioritising the Bill for publication in this session. It is firmly of the view that it is necessary to put in place a structure to deal with the allegations of judicial misconduct which fall below the level of what might warrant invoking Article 35.4 of the Constitution. It is also firmly of the view that it is necessary to provide a platform for the promotion of excellence and high standards of conduct by judges. As well as providing for the establishment of a judicial council and board that will promote excellence and high standards of conduct by judges, the proposed Bill will aim to provide a means by which allegations of judicial misconduct may be investigated by a judicial conduct committee. That model will provide for lay membership of the judicial conduct committee which will be an important and key element of the Bill.

On having a register of interests, an issue to which the Deputy has referred, the proposed judicial council Bill will provide for the establishment of a judicial conduct committee which will consider all of these matters. The Bill is expected to be published very shortly and the Minister will bring it before the House.

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