Micheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

He also wants to get this through to support the Government.

This is a very serious issue which should be above party politics in many respects. This is one arm of the governing edifice imposing a new system upon a coequal arm, namely, the Judiciary. The views of the members of the Judiciary should be known. The people should not be denied the views of the latter on such a central issue that goes to the heart of the separation of powers and the administration of justice in this country.

The motivation behind the legislation is wrong. The Minister for Transport, Tourism and Sport, Deputy Ross, has for some time portrayed the members of the Judiciary as some sort of self-serving, egotistical insiders who wait for Buggins' turn - as he wrote in a letter published in today's edition of The Irish Times- to get their positions. This is very damaging commentary on all members of the Judiciary. The Minister recently stated that it is not good enough to have judges making decisions on the basis of choosing their favourite ones. That is the wrong motivation for legislation as profound as this.

Members need to be cautious, irrespective of the numbers in the House and who can leverage the most power and get their way. This is a very serious issue that demands deeper consideration than appears to be the case. There has been no compelling rationale put forward as to how the Bill championed by the Minister, Deputy Ross, is superior to every other alternative. Fianna Fáil has put forward legislation in this area and favours reform, as does everybody, including the Judiciary. We believe the Chief Justice should be the chairperson of any judicial appointments commission. I agree with the retired Supreme Court judge, Ms Catherine McGuinness, who has said that this Bill is a kick in the teeth for the Chief Justice because it undermines her position in such a manner. The under-representation of judges is equally unacceptable. For only three of the 13 proposed members of the commission to be the people who know best in terms of the talents and abilities of those seeking appointment - having assessed and watched them in the courts - is unacceptable.

Will the Taoiseach publish the letter he received from the presidents of the courts? Is the Government open to serious amendment of the legislation it is bringing forward? Is it determined to maintain the under-representation of judges and to undermine the status of the Chief Justice? Will the Bill, as the presidents of the courts are saying, undermine the administration of justice in this country?

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