Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

Reform of the system of judicial appointments and promotions is sorely needed and long overdue. Problems with the current process have been pointed out time and again by people in this Chamber, the media, the public and legal professionals and international bodies. As it stands, the judicial appointments system is wide open to cronyism and political interference. It is an unaccountable system controlled by a small group of Cabinet members and their advisers. Cabinet confidentiality, which I do not dispute is required, leaves the process entirely opaque.

A Judicial Appointments Advisory Board, JAAB, was set up in 1996 with the stated aim of introducing some measures of independence to the process, but it fell far short of real reform. The problems inherent in the board were well known from the get-go because the lack of transparency and a vulnerability to political interference, a very good example of which we have just heard, was purposely built in. Over 25 years, successive governments have refused to reform the system because of an unwillingness to let go of the political influence they have held. I commend the Minister for Justice, Deputy McEntee, on bringing forward this Bill. It goes a long way towards instituting the reforms sorely needed. Critically, the practice of barristers and solicitors getting the tap on the shoulder from JAAB or the Minister will be gone. Applicants will no longer be able to be invited to make applications but will have to do so of their own accord.

Formalising the application process and selection criteria will introduce some badly needed transparency for applications and for the public. Undoubtedly, it will strengthen public trust in the Judiciary. I welcome the improvements made in the legislation since the general scheme was published. It is good to see some of the recommendations made by the Joint Committee on Justice and by various groups have been accepted. These include the decrease in the number of names being recommended from five to three, only those recommended by the commission being nominated to Government, the need for judges seeking promotion to go through the same process, and the commission being required to improve diversity in the Judiciary. These are welcome changes that have considerably strengthened the Bill. I do not doubt there will be further amendments and I hope the Minister will be open to accepting some of them.

Significant recommendations made during pre-legislative scrutiny were not accepted by the Minister. First and foremost was a recommendation-----

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