Danny Healy-Rae (Kerry, Independent) | Oireachtas source

I was amazed to hear Deputy O'Dowd say he was unhappy with the system when there was an adjudication in his own case going back a number of years. I am wondering why he wants to change the system that has served him so well. This Bill proposes a lay majority on the appointments commission, which will comprise seven lay people, three judges, one Attorney General and two representatives of the legal profession. It also suggests that the role of the Chief Justice, who would be on the committee, would be taken by some lay person. This is amazing and it is ridiculous that the Chief Justice, with so much experience having started as a solicitor, then become a barrister, then a judge, would be set aside in favour of a lay person who may know nothing at all about the operation of justice and the administration of fair play for people who come before our courts. The members of the Judiciary are the people who protect our people and there was no harm in the way the system operated up to now, with the judges selecting a person for the Government to present that person to be appointed by the President. It was transparent and I cannot see any need to change that system.

We need to protect the quality, diligence and independence of the Judiciary, who were appointed by the President on the advice of the Government. The members of the Judiciary have the key skills, knowledge and experience to select the people they think would be suitable to be judges. It is too vague for them to be selected by the Public Appointments Service and it is not as transparent as the process we had. Judges should be appointed on merit, experience, education and ability and this can only be adjudicated on properly and fairly by the members of the Judiciary who have worked in the same arena as the barristers or whoever is going forward to be selected as a judge.

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They must have regard to the work ethic and, as I said, the ability, education and experience of a person putting himself or herself forward for appointment. The worry I have relates to who will make up the lay majority. Who will select them? The quality of applicants who will put themselves forward for appointment to the judicial appointments commission is a worry for me, as it should be for all Members. We all know what happened during the building boom, when some builders and developers knew what they were doing but many others who did not joined the queue and drove the whole thing mad and it all collapsed. There have always been fair and honourable judges in County Kerry who carried out their duties without fear or favour having lived among the people on whom they adjudicated. It is important to remember that we should seek to continue to deliver a fair justice system under which offenders will be penalised and those who have been offended or hurt will receive redress or compensation. It is most important to deliver justice for all of the people of the country, which we have had for many years.

Many speakers have said the proposed model would be similar to the British or English model. It amazes me that Sinn Féin are supporting the Bill. In the context of what happened to the Birmingham Six, the Guildford Four and many others, it is amazing to hear Sinn Féin is supporting this proposal if it is like the British system. That is ridiculous.

It must not be forgotten that lay people, as the Minister described them, are already involved in the justice system. Hundreds, if not thousands, of working people do jury service all over the country every Monday through to Friday. People from every walk of life make up juries in courts all around the country. They do a great job and provide a sufficient balance. We have a great Courts Service. I have been in court. We have all been afraid of judges and tried to stay out of court as best we can, but sometimes a person ends up there one way or another. I have faith and confidence in the judicial system. The judges are independent. They may have been appointed by Fine Gael or Fianna Fáil, but I cannot say they have only worked in favour of the party which appointed them. It would be a very bad slur to suggest that because they do not do so. They know and apply the law. They have been educated and gone through the mill, starting as solicitors or barristers and moving up the line to become judges. They worked their way up the line and have dispensed fair justice to all along the way.

There was no reason to hurry this Bill through and I wonder why it was selected ahead of the numerous Bills that would help people which are awaiting consideration by the House. Many Bills deal with more important issues than this. An example is the fair deal scheme for farmers, which I think is lousy. Many other issues need to be addressed such as help for the homeless or those awaiting hospital appointments. There is a lot of other work which could be done and on which money could be more wisely spent. We could be helping people such as those who are still being allowed to go blind in County Kerry and west Cork. There are many other pressing issues that should be addressed ahead of this one. How was it pulled out of the bag and put ahead of so many more important issues? I cannot remember all of them, but I do not think this Bill is a priority. I do not know what gripe or spite the Minister, Deputy Shane Ross, has with or for the judges or the judicial system, although that might emerge in time.

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