Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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2. To ask the Minister for Justice and Equality if he has read the Reform Of Judicial Appointments Procedures Bill 2013; and his views on whether it forms the basis for bringing an end to the on-going practice of political appointments to the Judiciary [20924/13]

Alan Shatter (Dublin South, Fine Gael)
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As I indicated to the Deputy on the previous occasion we discussed the matter, I welcome his contribution to this important issue and will have regard to his Private Members' Bill in the context of my Department's review of the judicial appointments process. I have read his Bill very carefully and I appreciate the contribution he is making to this process. If his party wishes to progress the Bill in its own Members' time, it is entitled to do so and will receive full consideration in the House. I suggest that if he does so it is in the context of us debating the issues transparently. A number of matters arising in the Bill are a cause of difficulty and it might well be that we need more radical reform.

As the Deputy is aware, under the Constitution judges are appointed by the President on the advice of the Government. Since 1995, the Judicial Appointments Advisory Board has submitted to the Minister for Justice and Equality the names of persons recommended for appointment. This system has operated under successive Governments since that time.

With a view to ensuring the most up-to-date practice, particularly by reference to other jurisdictions, I have asked my officials, as I advised the Deputy previously, to conduct an examination of the current procedure. While any proposal to revise the current system of judicial appointments would, of course, be a matter for consideration by Government, I hope that we can achieve a wider consensus on reform.

Our independent Judiciary has served the country extremely well, and it is vital that the public maintains full confidence in that independence at all levels within our court structure. I simply do not accept the implication in the question that no lawyer, be it a solicitor or a barrister, who engages in democratic politics should ever be appointed to the Judiciary, that any such engagement should render an individual ineligible for judicial appointment, and that such engagement in some way contaminates their future capacity to act with judicial independence in cases before the courts. It is clear from the conduct of our Judiciary since the foundation of the State that members of the Judiciary, at all levels within our courts system, have acted with independence and that no party-political bias is manifested in decisions made and judgments delivered.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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We have had a discussion about the fact that many people in the legal profession engage in political life, which is to be welcomed. They give advice to political parties and their expertise is sought on many occasions. However, that is not the point I make. That should not rule members of the legal profession out but the difficulty is the current process leaves it open to the accusation that a judge is appointed because of his or her political affiliation. That should not be the case, as it undermines him or her when he or she assumes his or her career in the Judiciary. I agree that we have a history of the Judiciary in this State, independent of the Oireachtas, who have given considerable service and dedication to the State. No one intends to cast aspersions on them. The fact is that the current process has too much political interference and we need much more accountability.

Michael Kitt (Galway East, Fianna Fail)
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Could the Deputy ask a question please?

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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My Bill seeks to give more authority to the Judicial Appointments Advisory Board. I appreciate that the Minister gave a commitment in the programme for Government for a judicial council. I welcome his consideration of my Bill and the fact that he believes we need to go further. I urge the Minister to do so as soon as possible.

Certainly, I would suggest that he wants to be the last Minister for Justice and Equality to preside over any question mark relating to the appointment of a judge for political reasons.

Alan Shatter (Dublin South, Fine Gael)
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Again, it is important that we do not raise questions over the independence of any member of the Judiciary, regardless of which Government has made the appointment. I wish to assure the Deputy, despite what I read in the newspapers, that every judicial appointment made by this Government has been made on merit, and I can say that categorically. There was an interesting survey done by a journalist working for the Independent News & Media group which carried a headline to the effect that one third of judicial appointments over a period of years were of individuals who had some connection with democratic politics. Of course, the headline was not to the effect that two thirds of them had no such connection. Activist lawyers who are interested in social and political issues and in law reform will frequently engage with political parties of different political persuasions so that areas of law badly in need of reform are highlighted and they can contribute to the legislative process. That is and should be welcome.

I have some difficulties with the Bill proposed by the Deputy. It is important that appointments are made in a manner that is independent and the Judicial Appointments Advisory Board, JAAB, criteria are currently specified in statutory provisions. The Deputy's Bill seeks to amend those statutory provisions slightly to provide that additional requirements can be contained in guidelines published by the Minister. If the Minister could direct the JAAB through guidelines, outside of a decision of the Houses of the Oireachtas, as to how it should approach an individual judicial appointment, we would hear howls about an attempt by the Minister to interfere in the independence of the Judiciary. That is an issue of concern.

In the wider public debate, an interesting issue arises in the context of judicial appointments, namely that judicial appointments in this State are confined to practising barristers and solicitors. In other jurisdictions they are not so confined. In the United States of America, for example, some of the leading members of the Supreme Court came from academia. Is that something we should consider? Should we, for example, ask professional bodies such as the Bar Council or the Law Library to provide professional courses for those who would at some future date seek to be appointed to the Judiciary, so that there is some form of training in advance of such appointments? These are issues that should be part of the public debate, although I am conscious that there are differing views on them.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I appreciate the Minister's engagement and while I acknowledge that my Bill is not perfect, it is a good offering.

The Bill refers to the JAAB's drawing up a shortlist of three candidates and publishing the reasons for its selection. The Government would then choose one of the candidates and publish the reasons for its choice. That removes any suggestion of impropriety in the selection process. The Minister has heard suggestions through the years that a man or woman was appointed to the Judiciary only because he or she had previously worked for the Labour Party, Fianna Fáil or the Progressive Democrats. It is deeply unfortunate that somebody who commences an independent judicial career should have a question mark over his or her appointment from the outset. If the selection process is more accountable, we can remove that doubt. That is the problem and that is why we read articles about one third of the Judiciary having political connections. It is deeply unfortunate and it impinges on their independence and their careers. That is all I am asking of the Minister.

Alan Shatter (Dublin South, Fine Gael)
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I would be in favour of some additional transparency but I have particular concerns with what the Deputy is suggesting in his measure. Let us assume, for example, there is one person to be appointed to the Judiciary and three names are publicly given and background information about the candidates is also publicly given. It would be fine for the person who was appointed but it could be a considerable embarrassment for the two who were not. The two who were not appointed may well be just as eminent and could equally make very good members of the Judiciary. If, six months later, one of those two candidates is appointed, there could be a question about why he or she was not good enough to be appointed previously but is now good enough to be appointed. We must be careful to ensure that whatever system we implement does not damage the reputation of individuals who properly seek to be appointed to the Judiciary and that there is no question of their credibility being in any way damaged prior to such an appointment being made. These are issues that we must tease out and address very carefully, and we must not jump to conclusions.