Dáil debates

Wednesday, 28 June 2017

Judicial Appointments Commission Bill 2017: Second Stage (Resumed)

 

10:55 am

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

I note the comment of a former judge that the proposed Bill is like a group of judges selecting an Irish football team. I have seen much criticism of Irish football teams down the years. The football experts do not always get it right. Perhaps a judge with knowledge and a love of game might just make good choices for the team. Judges only appointing judges does not inspire confidence.

I do not see the Bill as having serious implications for the administration of justice. It has serious implications for the current status quoin the appointment of judges. I imagine that the new commission would work in a collegial way, work through consensus-building and not in a confrontational "them and us" sort of way. I have heard the point that the judges are the most qualified to make judicial appointments because they know the applicants but in any other job or profession knowing the applicant would involve the interviewer acknowledging that and sometimes removing themselves from the interview process. Judges, like all us, are flawed human beings and, like all of us, they can make mistakes and they will have their own bias.

What is being proposed, albeit I do not like the way in which it is being done, is a transparent process with no self-appointing or no self-regulating. With a genuine interrogation of the Bill, I believe the issues can be resolved. Too often justice is perceived to favour the wealthy, the well-connected and the well-resourced.

The balance of justice always seems to favour certain groups in society. I hope this Bill might see an end to that.

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