John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context

Question 9: To ask the Minister for Justice and Equality his plans and an associated timescale for the reform of the manner in which members of the judiciary are appointed. [38034/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

Under the Constitution, members of the Judiciary are appointed by the President on the advice of the Government. Applications for judicial appointments are dealt with by the Judicial Appointments Advisory Board, which was established pursuant to the Court and Courts Officers Act 1995. The board consists of the Chief Justice, the Presidents of the High Court, Circuit Court and District Court, the Attorney General, nominated representatives of the Bar Council and the Law Society and three persons nominated by the Minister for Justice and Equality.

Under section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the advisory board submits the names of all persons who have informed it of their wish to be considered for appointment to that vacancy and the names of at least seven persons whom it recommends for appointment. Section 17 of the Act provides that these procedures shall not apply where the Government proposes to advise the President to appoint a serving judge. The Act further provides that the Government, when advising the President in regard to the appointment of a person to a judicial office, must first consider persons who have been recommended by the board. It is important to note that the board can neither submit nor recommend the name of a person unless he or she meets the eligibility requirements currently set out in law in respect of the post in question.

At an early stage following my appointment, I requested my officials to conduct an examination of the current judicial appointments procedure with particular reference to the practice in other jurisdictions. This review is wide-ranging and includes consideration of the following issues: the need to ensure and protect the principle of judicial independence; eligibility for appointment; composition of the Judicial Appointments Advisory Board; the appointments process; accountability in respect of its functioning; and promoting equality and diversity. I expect to be in a position to give further consideration to the matter when the review is completed in the first quarter of next year. I will bring any proposals for change before the Government in the usual manner. The Act further provides for the Government, when advising the President on the appointment of a person to a judicial office, must first consider persons who have been recommended by the board. It is important to note that the board can neither submit nor recommend the name of a person unless that person meets the eligibility requirements currently set out in law for the post in question.

At an early stage following my appointment, I requested my officials to conduct an examination of the current judicial appointments procedure with particular reference to the practice in other jurisdictions. This review is wide-ranging and includes consideration of the following issues: the need to ensure and protect the principle of judicial independence, eligibility for appointment, composition of the Judicial Appointments Advisory Board, the appointments process, accountability in respect of its functioning and promoting equality and diversity.

The review is ongoing and I expect to be in a position to give further consideration to this matter when the review is completed in the first quarter of next year. I will bring any proposals for change before the Government in the usual manner.

Dara Calleary (Mayo, Fianna Fail)
Link to this: Individually | In context

I preface my remarks by saying that we are very fortunate in our Judiciary whose members are independent minded and independent in spirit. As I said on Tuesday evening when speaking on the Financial Emergency Measures in the Public Interest (Amendment) Bill, the Judiciary provides the checks and balances which both this House and any Government needs. However, there is undoubtedly a perception that one needs to have political connections to be appointed to the Bench. This is the perception, whether true or not. The appointments made by this Government and by Governments in which my party participated, have always emphasised this perception and the most recent appointments reinforce it.

Dearbhail McDonald, a fine journalist with the Irish Independent, produced research recently which showed there had been 6,000 applications for judicial appointments - an extraordinary figure - and yet, those selected in the most recent round were people with political connections. The Minister's review is urgently required as some form of checks and balances is required in the system so those applicants without political connections would be confident of having as equal a chance as anybody else to serve on the Bench. There is a danger that the longer we leave the system as it is, that confidence will not be there.

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

It is unfortunate that there should be a perception in any circumstances that any form of political connection is required in order to be appointed to the Judiciary. In the case of every appointment made by this Government, the persons were appointed because of their legal expertise, their reputation as lawyers and in all but two of the appointments made, were appointments made on foot of a recommendation from the Judicial Appointments Advisory Board. The two appointments made that were not on foot of a recommendation from the board included the appointment of the Chief Justice, Susan Denham, who was an Ordinary Judge of the Supreme Court. The appointment of a Chief Justice is an appointment made by the Government and the Judicial Appointments Advisory Board has no role in this appointment. The other appointment was the promotion of Judge Thomas O'Donnell, a District Court Judge, to the Circuit Court. This was the promotion of a judge, as has happened in many instances and in which the Judicial Appointments Advisory Board plays no role.

What is particularly unfortunate is the presentation being made in the media to suggest that those who have ever engaged in political activity or those who have ever contributed to a political party, should first be ineligible to be appointed to the Judiciary and in my view it is also unfortunate that individuals who seek such appointment, who are recommended by the Judicial Appointments Advisory Board and who are appointed because of their expertise, now find themselves with regularity pilloried by some sections of the media as being unworthy of the appointments. It is very important that this House does not add to that perception. It is important to send out the message that such appointments will be made based on expertise. There is a very dangerous road now being travelled. This is a democracy and we have an interest in encouraging people of ability to engage in the democratic process, to engage in politics, to support one or other political party or to be independent in their political views. It would be most unfortunate if we created a system whereby because someone had been politically engaged, he or she was deemed ineligible and, indeed, would fear that if they seek judicial appointment, they will suffer the type of pillorying that has been experienced recently.

Although I think some sections of the media would not believe this, following some of the appointments made by this Government which were based on merit and recommendation from the Judicial Appointments Advisory Board, I have opened my newspaper the following morning to read some allegation that someone has contributed to a candidate's election campaign or someone was engaged in politics in years gone by or have an aunt or an uncle, cousin or someone associated with a political party and the perception is presented that this is the reason he or she was appointed. On occasions, I have not known of any particular political commitments, engagements or relations. In the case of one of the recent appointments we seem to have arrived at the point where because someone was the sister-in-law of a TD, it was suggested an appointment had been made when in fact that individual was appointed because of the person's excellence and because the person was one of the names recommended by the Judicial Appointments Advisory Board.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context

We are over time so I must move on to Question No. 10.