Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The Judiciary has, in the main, served us very well. It has acted impartially and in an unbiased way and has been very objective and professional in discharging its functions down the years.

Regarding the appointments system, as the Deputy knows, the Constitution provides that the Government appoints judges, and we do not propose to change this. However, the Government can take advice on who is appropriate for appointment to the Judiciary and we can have an application process. This exists already to a certain extent with the Judicial Appointments Advisory Board, JAAB, but it is the strong view across the Government - Fine Gael, Independents and the Independent Alliance - that the time has come for reform and modernisation of the system, which is now 23 years old. This is a Government proposal to reform the way in which we appoint judges.

We want it to be more modern, we want it to be merit-based, we want it to be open to applications and we also want to have more lay members involved in advising the Government on who should be appointed to the Judiciary. That is what the Bill is all about.

The Bill has the full support of the Government and all of its members, as I mentioned. We are concerned that some of the amendments which were put down and got through on Committee Stage create difficulties. We do not agree with the removal of the Presidents of the Circuit and District Courts and the Attorney General from the appointments board. We have some difficulties in regard to the constitutionality of requiring the Government to explain why it does not make a particular appointment.

The Bill is coming back on Report Stage. We all know how the Dáil works. A Bill is not perfected on Committee Stage. That is the whole point. It is supposed to come back on Report Stage in order that we can have another look at it. I appeal to people across parties to ensure that the Bill is no longer a political football. Our Judiciary and judicial system is too important to be kicked around. We should not allow it to be a political football.

In that regard, I am very much encouraged by the comments of the Chair of the justice committee, Deputy McGuinness, who spoke about us working on the Bill on Report Stage to refine it. I am also encouraged by the comments of Deputy O'Callaghan on the radio during the weekend. He seemed to indicate that further amendments were possible on Report Stage. I encourage all Members of the House to work together to get the Bill through Report Stage in April, through the Dáil and into the Seanad long before the summer recess.

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