Pat Casey (Wicklow, Fianna Fail) | Oireachtas source

The separation of powers in any republic is a delicate and essential balance to ensure citizens can make laws and have the law judged in an independent manner. In the Irish context, the broad history of the Irish judicial system is one that merits great praise. Our judges have in the main been independent, fair and sometimes quite brilliant in interpreting the laws of our Republic. Many of our constitutional and civic rights have been defended and enhanced by the actions of our judges, and miscarriages of justice are rare in Irish judicial history.

However, Ireland is a republic. In a republic, the essential element is that the people are sovereign. This means that the people must have the essential political power to govern through their elected representatives. To govern democratically in the modern age, there must be a transparent appointments system to all public positions, but in particular to powerful appointments such as the appointment of a judge. The current system that is in place is in need of reform. There is no doubting that. The events surrounding recent appointments to the Court of Appeal are a perfect example of a method of appointment that does not command the necessary impartiality and transparency that is essential if we are to maintain and enhance public confidence in our democratic institutions.

All democratic institutions have come under intense public scrutiny in recent times. Our modern age, as the Taoiseach describes it, demands that the appointments process to senior positions in public life be of the highest standard. How we appoint our judges and the process of how we decide to appoint judges is also of crucial importance. The events of the past two weeks have not reflected well on this, however. In this constitutional Republic, the Government is charged with appointing judges. The reality of the past two weeks, however, is that this Bill is being rushed through by Fine Gael and its new friends in Sinn Féin to cover the political embarrassment of the Minister for Transport, Tourism and Sport, Deputy Ross, over last week's appointment of a judge. We are now engaged in a farce of a debate over the very important subject of the impartial appointment of judges. Too often we hear of politicians living in the Leinster House bubble and being removed from the issues of the real world. This is an accusation we share with the legal community who are accused of living in the bubble of the Four Courts or the Law Library and being removed from the concerns of ordinary citizens. I, as a newly elected Deputy, have often tried to combat this accusation by working on the issues that are at the top of citizens' concerns. It is with some frustration, therefore, that an important issue that should be carefully teased out in Parliament and outside it is dominating the political agenda while housing, mental health and education are being put on the political waiting list by Fine Gael, Sinn Féin and the Independent Alliance. I find that hard to take. I also think that the longer this farce of a debate goes on, the more damage that will be done to everyone in this Dáil.

What we need to do is to reset carefully the atmosphere surrounding this debate. Badly thought-out legislation in judicial reform will only damage the carefully established separation of powers that has been developed and has evolved over decades. Deputy O’Callaghan, Fianna Fáil justice spokesman, takes this issue very seriously, and he is right to do so. He is also a highly experienced lawyer, and this is not a disadvantage here but a great asset. He believes in substantive reform of our legal system, but Deputy O'Callaghan and we in Fianna Fáil believe in substantive reform that is carefully formulated with widespread consultation with the members of our legal community and with international best practice taken into account. The Fianna Fáil proposal of a truly independent yet balanced judicial appointments commission is a fair attempt to put forward an appointments system that is transparent, professional, independent and yet values the fact that appointments to the Judiciary require the input of those who currently occupy these crucial positions. Serving senior judges, from their professional experience, day in, day out, and their academic and legal publications, hold an institutional knowledge that is vital in the appointment of competent judges. If we were dealing with senior medical appointments, for example, we would require consultant surgeons involved in the appointment of surgeons. In fact, the public demands that professional competency be adjudicated on by those who are at the highest levels of their profession. Fine Gael, Sinn Féin and the Independent Alliance, however, want to diminish the role of our senior judges. This is degrading and populist legislation at its worst.

The role of retired judges is also excluded from consideration in the Government's Bill. Many of our retired judges are some of the finest legal minds that exist in this country, yet because the Minister, Deputy Ross, has a bias against judges, they are all to be excluded in this unusual alliance of Fine Gael, Sinn Féin and Deputy Ross. We also know that one of the realities in judicial appointments is that it is in many instances difficult to get well-qualified and experienced legal personnel to put themselves forward for consideration to be a judge. This Bill and the undercurrent of disrespect towards our Judiciary that has been a feature of this debate is not going to convince any solicitor or barrister to put him or herself forward for consideration. As I said at the outset of my contribution to this debate, the separation of powers between the political world of Parliament and Government and an independent Judiciary and legal system is a vital and delicate balance. There will always be a healthy tension between the courts and Parliament. Lawmakers and those who adjudicate on our laws are often somewhat at odds. That is the purpose of checks and balances that are vital to protect citizens from overreach by either Parliament, the Government or the Judiciary.

When changes need to be made to the judicial system, the utmost care and sensitivity must be used to protect that balance. This Bill is not that change. It is politics, and it is potentially dangerous politics. At the end of the day, long after the political arguments and game playing that tend to dominate Parliament day to day, the citizens of this State require a judicial system that is independent, robust and has the confidence of those who need the legal system. It is still not too late for a reset on this Bill. Parliament is at best seriously divided on this issue. There should be maximum consensus in this Dáil on judicial reform. Instead we have partisan and political manoeuvring. That is the worst possible atmosphere in which to change the method of judicial appointments. The Government prioritisation of this Bill has meant other more vital issues are taking a back seat. This is another bad day for this Dáil. I ask the Members supporting this Bill to reconsider pushing this through. Our Republic deserves better than this.

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