Barry Cowen (Offaly, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak on the Bill, although I would much rather discuss more pressing legislation in areas of much greater concern, as alluded to by Deputy Curran. In introducing this legislation the Minister for Justice and Equality is acting on an instruction from the Taoiseach arising from the protestations of the Minister for Transport, Tourism and Sport, Deputy Shane Ross, concerning a commitment he gave on this matter before entering Government. We are led to believe that a condition of the Minister entering Government was that he would overhaul and change the system of appointing judges to the courts. Notwithstanding his public statements that all appointments made in the past 22 years by all Governments were fantastic and those who obtained office as a result have carried out their duties with aplomb, probity, independence and distinction and exercised the rule of law as the Constitution would have them exercise it, the Minister continues to believe the system of judicial appointments must be overhauled.

In the past 12 months, the Minister for Transport, Tourism and Sport has been party to the appointment of approximately 15 judges to various courts. He is as responsible for these appointments as the former and current Minister for Justice and Equality and all other members of the Cabinet who share collective responsibility for judicial appointments. The Minister feigns disillusionment, disappointment and surprise following the recent appointment of the former Attorney General to the Court of Appeal, despite having participated in the passage of the enabling legislation introduced in 1995 to provide for a more informed process for making such appointments following the appointment in 1995 of Harry Whelehan by the then Taoiseach, Albert Reynolds, and his Government. The following week, he wanted a review of the legislation. However, if his ideology or principles are as he would like us to believe, he would have taken the same course of action as Labour Party Ministers took in 1995 when they had the gumption not to agree to the appointment. At least the Labour Party Ministers walked out of Cabinet because they would not be party to such an appointment or the manner in which it was made, despite the commitments that had been given and the fact that the Taoiseach at the time acted within his rights. I will not go into that, however.

Following the appointment of Harry Whelehan as Attorney General, the then Taoiseach made himself and his Cabinet available for questions and debate. The Government had to bow to this precedent by allowing a period of questions following the recent appointment to the Court of Appeal, despite the great folly of the process involved.

If the Minister for Transport, Tourism and Sport meant what he said about overhauling the system for appointing judges, we would not have a Bill such as this before us. This is enabling legislation to give effect to the right of the Cabinet to make an appointment. If it is passed in the face of the reservations of many Opposition and Government Deputies, the same thing that happened a couple of weeks ago could happen again. The Minister knows that but seeks to pull the wool over the eyes of the public by trying to give an impression that he can make changes that will prevent something of this nature ever happening again. That is not the truth, however, and if he does not say so loudly and clearly, we will do so repeatedly.

The Minister for Transport, Tourism and Sport was bought off with the reopening of Stepaside Garda station and his colleague, the Minister of State, Deputy Finian McGrath, was bought off with another 200 cigarettes. It seems this is what it takes to make progress within the farcical set-up that the Independent Alliance would have us believe is governance.

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