Eamon Ryan (Dublin Bay South, Green Party) | Oireachtas source

The Green Party was in two minds about this Bill when we spoke among ourselves in considering the issue. I decided earlier to inform myself by listening to the Minister's contribution and the various positions taken on the legislation. While we had a rough idea about what our position would be, we decided to wait and see what the debate was like. Having listened to the contributions and parsed the arguments made by the Minister, I concluded that the former Supreme Court judge, Mrs. Justice Catherine McGuinness, a highly reputable, honourable former member of the Judiciary and independent woman of great renown and repute, is absolutely right that the essence of the Bill is a deliberate kick in the teeth to the Judiciary. I say this with regret because if it is accurate, as I believe it is, it is a deeply worrying development in terms of how the Government works.

I read the Minister's speech many times to try to parse from it the key arguments in favour of making the proposed changes. He noted that the current system had drawbacks, describing the arrangements in place at present as limited in a number of respects. He indicated that the Judicial Appointments Advisory Board is not able to promote judges to a higher court. We should be able to rectify this limitation by broadening the provisions on the current arrangements.

The Minister argued that proper resources were required to oversee this process and a case can be made in this regard. Deputy O'Callaghan had a point, however, when he argued that we were in danger of creating a quango by appointing a director, establishing an office, providing for statutory functions of reporting and introducing the paraphernalia associated with a new body. Notwithstanding this, one could argue that resources are needed for this purpose. As far as I can discern, this is the only substantive argument being made in respect of the limitations of the current system.

The attack on the Judiciary in the proposals lies in the recognition that the Government has deliberately increased the number of members of the new judicial appointments commission beyond what it had originally intended simply to ensure a lay majority on the commission. I note the Minister's point that this is not a constitutional issue because the Constitution does not provide that the Judiciary must be involved in judicial appointments. As such, we are free to approach this issue as we wish. However, the Minister openly admitted that the Government decided to accept the arguments made by the Minister for Transport, Tourism and Sport, Deputy Ross, that we must have a lay majority on the commission and that it would be wrong to allow the Judiciary to have a majority on the commission. While we may hear a justification in subsequent speeches, no argument was made to support the view that a lay majority is better than a judicial majority. Similarly, and this is the key issue for Mrs. Justice Catherine McGuinness and members of the Judiciary, the Minister did not present a single argument to support the view that a lay person as opposed to the Chief Justice should chair the commission. This can only be viewed as an insult to the Chief Justice and legal system. I regret that this provision has been proposed. While no one disagrees with the need to modernise the judicial appointments system, is it necessary to kick the Judiciary? Is that a clever development?

I listened with respect to the Taoiseach's arguments on this issue. His main argument appeared to be that the United Kingdom takes this approach to judicial appointments. I am slightly concerned that an Irish Parliament is looking to Britain for a model for our judicial arrangements. We have a different tradition, one of which I am very proud. The British legal system could learn a thing or two from the constitutional democratic and republican system we have. To have a Taoiseach citing British legal and constitutional arrangements is a weak argument in defence of the Bill before us.

When one hears the word "elite" being bandied about endlessly and one sees Fine Gael siding with Deputy Boyd Barrett on the issue of this elite, it has shades of TheDaily Telegraphheadline "Enemies of the People" in reference to the British judiciary. The Minister for Justice and Equality can shake his head but that is what I heard in the contributions and it is not where I want to go.

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