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

We are most fortunate to have in Ireland a strong, independent, impartial and well-respected Judiciary. I have said on many occasions, particularly in the last year when we have been discussing the new judicial appointments Bill, that we have been very well served by those who have been appointed by Governments made up of all parties.

Enshrined in Article 35.2 of the Constitution is the important principle to the effect that "All judges shall be independent in the exercise of their judicial functions and subject only to this Constitution and the law". I call on Deputy Micheál Martin and the Fianna Fáil Party to row back on their recent attempts to denigrate the character and calibre of the former Attorney General, who is now a member of the Court of Appeal, in this House. The comments suggest that she is somehow of inferior character and ability when compared to others who were appointed to positions in the superior courts when the party opposite was in government. The comments impact on the constitutional separation of powers which exist in this State. I would ask whether Deputy Jim O'Callaghan shares these views. Does he associate himself with or disassociate himself from the views of his leader? If he shares those views, we must surmise that Fianna Fáil's real objection to this nomination is that the former Attorney General does not meet some unknown criteria his party applied to these situations when it appointed ten Attorneys General to the Bench. The Deputy has a choice: he should inform the House what those criteria are or he should disassociate himself from the comments of his leader.

At its meeting of 13 June 2017, the Government decided to nominate the then Attorney General, Ms Máire Whelan, SC, for appointment as an ordinary judge of the Court of Appeal pursuant to its prerogative under Article 13.9 and Article 35.1 of the Constitution to advise the President on appointments to judicial office. As we know, Ms Justice Máire Whelan was subsequently appointed by the President as a judge of the Court of Appeal.

Let me set out again for the information of Deputies some points in regard to this appointment. The constitutional prerogative when advising the President on judicial appointment lies with the Government alone. It is in accordance with the law and the Constitution for the Government to recommend a person to be appointed a judge of the Court of Appeal provided they are eligible and qualified, whether or not that person's name has been put forward by JAAB. The Government is obliged under section 16 of the Courts and Court Officers Act 1995 to first consider persons recommended by JAAB. However, the Government is not obliged to follow the recommendations of JAAB, nor could it constitutionally be required to do so. In accordance with practice, I referred this vacancy to JAAB and in this case, as has already been stated publicly, JAAB was not in a position to recommend any applicants for appointment to the Court of Appeal vacancy.

See this speech in context