Dáil debates

Tuesday, 22 May 2018

Judicial Appointments Commission Bill 2017: Report Stage (Resumed)

 

8:35 pm

Photo of John LahartJohn Lahart (Dublin South West, Fianna Fail) | Oireachtas source

I remember growing up when extradition hearings were before the courts and when the extradition of people from this jurisdiction to the UK was resisted by the courts in this country. Historically, people in the Twenty-six Counties have had high regard for the manner in which judges kept this State safe during that period of time with the judgments they handed down concerning particular issues. The justice system needs to be defended against the broad sweeping statement made by the Deputy. It is important to say that.

Like Deputy McGuinness, we all have particular issues. One of the things I would like to have seen in this Bill involves an issue that is consistently brought to me by constituents, namely, family courts. By and large, as Deputy O'Callaghan has said on previous occasions when debating aspects of this Bill, judges make their decisions and decide on the outcome of hearings in public but, clearly, there are circumstances where hearings are not open. Family courts are one example of that. I have heard appalling stories of decisions, judges and judges' behaviour in family courts. I am not saying family courts should be opened up to the public. There is a very good reason those hearings are in camerabut I do not see why they would not be open to supervision by peers in some shape or form like every other profession. That is the kind of reforming act I would like to see the Minister engage in instead of this prolonged and protracted insistence on his way that, as my colleagues have said and there is no point in repeating it, will be costly and seems churlish and infantile at the very least.

Of particular concern to me as a Deputy in a Dublin constituency is the political charge of cronyism made by the Minister for Transport, Tourism and Sport last week against people who have held very senior positions from the Supreme Court down to the Circuit Court and District Court. This is the charge that Fianna Fáil appointed its cronies to positions. I will not stoop to that level but the Minister cannot avoid charges of cronyism himself regarding his own appointments. I will leave it there but there is a certain hypocrisy about some of the comments he made last week.

What concerns the public is the fact that he is the Minister for Transport, Tourism and Sport. He received his seal of office having been democratically elected, having been appointed to his position by the former Taoiseach and having been re-appointed to the position of Minister for Transport, Tourism and Sport by the current Taoiseach. There is hardly a Deputy in this House who would not envy the Minister in this position, the budget he has at his disposal to spend on incredible projects that are much needed throughout this country and the power he has to deliver major and minor infrastructural projects throughout the country.

He has been likened, unfairly possibly, in one particular newspaper to Winston Churchill, which is unfair on Winston Churchill who is associated with having a certain amount of vision, leadership qualities and strength of character at particular times in leading his people through particularly trying circumstances.

When it comes to transport, he is more like the character from the Gilbert and Sullivan musical, the Duke of Plaza Toro, who constantly leads his regiment from behind. He has offered no vision in his portfolio as Minister for Transport, Tourism and Sport. While traffic congestion reaches chronic levels in this city and roads approaching it, he fobs off every inquiry, which is made through parliamentary question, Topical Issue and Private Members' business, to the statutory agencies under his auspices.

I remember during a Topical Issue debate quoting from the movie about the history of the life of Abraham Lincoln. When he was seeking those vital few additional votes to secure the elimination of slavery in the United States, he declared, "I am the President of the United States, clothed in incredible power." The Minister for Transport, Tourism and Sport is not the President of the United States, but he is clothed with considerable powers, with considerable influence and with awesome opportunity to leave his stamp and his mark on transport, tourism and sport policy in this country.

From the perspective of the statutory responsibility vested in him by the Taoiseach, he has been an abject failure. I would prefer to see the Minister for Transport, Tourism and Sport invest time and energy into issues under his ministerial control rather than these dog whistles to different constituencies, and allow the Minister for Justice and Equality and other Ministers to do their job. In that sense he would serve the public much more efficiently than he is at present.

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