Hildegarde Naughton (Galway West, Fine Gael) | Oireachtas source

I welcome the general thrust of the Bill in that it places the appointment of judges on a more formal footing. Constitutionally, of course, it will remain the function of Government to appoint judges. The Bill will not change that. What it will change is the somewhat ad hocmethod which has been used since the foundation of the State. However ad hocit was, it has served the State well in the provision of a consistently independent Judiciary which remains unafraid to find against any Government of the day, which is as it should be.

While I welcome the general thrust of the proposed legislation, I have a number of concerns. There is a well-known legal maxim, nemo judex in causa sua, which holds that no one should be a judge in his or her own cause. As with all rules, there are exceptions. In the context of the Bill, the exception is that it is obvious that lawyers, in particular judges, should have a majority say in who becomes a judge. The Bill holds the opposite. It proposes to have a majority of lay people making the decision as to who becomes a judge. It is simply the case that the lay majority on the commission will not be familiar with the work of the proposed judge. They will not know their record, their personality, faults or advantages and will most certainly have never had the opportunity of experiencing their skill or lack of it in open court. For the avoidance of doubt, my issue is one which is not particularly local. It is of note that internationally where there is an independent appointments process, lay people are generally not in the majority. It is something I would like the Minister to look at as the Bill passes through the House.

The Chief Justice, whoever holds that office, is the foremost judge in the country. It is he or she who swears in the President and who takes the oath from judges being appointed. There is no reason the Chief Justice should be debarred from becoming chair of the commission. Finally, the Bill proposes that a judge of neither the Circuit or District Court will be a member of the commission. This is an oversight as both courts account for the vast majority of legal business transacted in the State. They are also the courts in which the vast majority of solicitors and barristers practice every day.

While I support the thrust of the Bill, there are a number of issues about which I have a particular concern. Other Members share those concerns. This is a very important Bill. The independence, quality and reputation of our Judiciary hangs on it. I ask the Minister to address these issues as it is debated on all Stages.

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