John McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

I certainly do not believe that the status quoshould remain or that the appointment of judges or anything else should be for those who are privileged enough to be at that level and to be considered. I want to see reform. I have been to various courts to see for myself the inefficiencies and the poor respect for citizens. I am not saying that is the case in every court but I am saying it in regard to issues that have arisen in our time for those courts and those judges. I have seen at first hand the way they are not treated fairly and, therefore, I want to see it reformed. However, is this the radical overhaul of the appointment of judges in particular that I would expect? No, it is not. It is simply a Government that is pandering to the likes of the Minister for Transport, Tourism and Sport to ensure that it remains in office. It makes no sense whatsoever to see almost €1 million being spent every year on an office for the commission.

There is no sense in appointing 17 people or that high a number to a commission that will simply make recommendations to a Minister, probably providing the Minister with three or four names, and for the Minister to end up deciding on the appointment of a judge, possibly on a political basis. This is wrong. We are now outsourcing these appointments. It is a case of give them away to a commission, send health issues to the HSE and create some other quango that will deal with the issue we are afraid to touch because we lack the political leadership and muscle to do what is necessary for this country, which is, essentially, to show leadership and fairness. This is what is happening here.

When they were on this side of the House, I heard the Minister for Transport, Tourism and Sport and others in Fine Gael shout and roar about the burning of quangos. It was a case of we will see no more of them. Half of them will be gone. None of that has happened. It all stopped mid stream because the Government refused to deal with those who were appointed and the comfortable few who gain from all these quangos. The Government is also afraid of doing it because it will result in it having to make a decision based on its own advices or possibly based on common sense. That is what is lacking in this area - true commitment from a Government and true commitment from Fine Gael, which had a reasonable track record in this area. However, it bows down to the Minister for Transport, Tourism and Sport who preached against all these quangos in the very recent past. I do not know why it does not challenge him because he needs to be challenged.

Setting up a system like this to appoint a judge does not correct the system. It is a flawed system now and this will be a flawed system. There are judges in the courts and if one looks at the efficiencies of those courts, one will see that none of them function very well. What about the death of Shane O'Farrell? Look at the litany of wrongs done to his family as it sought justice. Look at what was not told to the judges in that case. Look at all of the record of the individual concerned that was never recorded to inform the judge. So it is not only about the appointment of judges. It is about the system and how it operates and it is about taking political responsibility for what is happening in our courts and the appointment of judges.

I do not believe a commission of this number will serve the Judiciary or the Minister well and it will certainly not provide transparency and accountability for the general public. It will be a further waste of money throwing it into a quango that undoubtedly will grow in numbers and cost at a time when we cannot make ends meet for those who are challenged by the health service or indeed those challenged by the Judiciary and legal system. Is it not amazing that a woman is still in jail in defence of her own home and family while Members of this House have nothing to say about it? A judge put her there when they should not have done so because they should have taken two and yet that is the legal system we have.

We are here arguing about the appointment of judges. It will be seen as a waste of time and money that would have been best directed at reform of the judicial system and ensuring that people get into court and get justice early and on time because so many cases are stacked up. I have attended numerous cases where again and again, particularly in respect of banks and repossessions, everything is just put off to another day. They leave the individual who is trying to protect their home to fight for that other day and to go through further trauma and torment without any protection. It is time we opened it up and brought about reform but this certainly is not the type of radical reform the system needs. It is not the type of reform that will bring about a different and better type of justice for the citizens of this country. I say to Sinn Féin that it will do nothing except protect the privileged classes in this area. It will do nothing for anybody else. It is a complete and utter sham for the Minister for Transport, Tourism and Sport to suggest that this commission will change anything relating to the appointment of judges. It will add further cost and might satisfy him. It is a political answer to keep the Government intact but I am afraid the public sees it and will not wear it.

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