Mattie McGrath (Tipperary South, Independent)
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8. To ask the Minister for Justice and Equality the efforts her Department is making to ensure the independence of the judicial appointment process under the current constitutional arrangement; if the current process is robust enough; the measures that will be taken to ensure greater transparency and accountability for the public who have concerns around judicial misconduct; and if she will make a statement on the matter. [13288/15]

Mattie McGrath (Tipperary South, Independent)
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This question relates to the independence of the Judiciary. In its preliminary submission to the Department of Justice and Equality in 2014, the judicial appointments review committee said that "the system of judicial appointment in Ireland is by now demonstrably deficient, fails to meet international standards of best practice, and must be reformed". When are we going to see the reforms? How is the Minister going to ensure we have a transparently independent judicial system, which is vital in any democracy?

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I absolutely agree with the Deputy that it is vital. The Judiciary and the courts are at the heart of the justice system and are constitutionally independent in their operation. Under the Constitution, judges are appointed by the President on the advice of the Government. As the Deputy knows, the current process for the appointment of judges in Ireland is set out in Part IV of the Courts and Court Officers Act 1995, as amended. This Act established the Judicial Appointments Advisory Board, which is the board involved. With regard to the independence of the Judiciary, I was pleased to note the conclusions in the recent report of the Council of Europe's anti-corruption group, which is known as GRECO. Its fourth round evaluation report on Ireland found that our Judiciary is among the most trusted public institutions in the country. It was gratifying that the principle of judicial independence in this country was recognised by the international evaluation team - GRECO - that did this work and that the independence and professionalism of our judges was not disputed.

The need to ensure and protect the principle of judicial independence was a significant factor in the announcement by my predecessor in December 2013 of a consultation process on the system of judicial appointments. While the Judicial Appointments Advisory Board that we currently have was a model of best practice, it would be timely to review the operation of the judicial appointments system to ensure it reflects current best practice, is open, transparent and accountable and promotes diversity. We got a significant response to our call for submissions. We have those submissions now. They cover many different areas, including criteria for eligibility and the appointment process. A report on the consultation process that is being finalised by my Department will inform the provisions of the forthcoming judicial appointments Bill, which will reform and update judicial appointments procedures. I intend to submit this Bill to the Government and publish it later this year.

Additional information not given on the floor of the House

The review and reform of this area which is critical to the functioning of our system of justice provides an opportunity to determine what type of system can best respond to the expectations and needs of a modern state.

As regards allegations of judicial misconduct, the Deputy will be aware that the programme for Government undertakes to "legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". The judicial council Bill, which is being drafted at present and is on the A list in the current legislative programme, is intended to give effect to this commitment.

Mattie McGrath (Tipperary South, Independent)
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I am awaiting the judicial reform Bill that has been promised. Like many of my colleagues, I have raised it with the Taoiseach on several occasions in the House. Deputy Shane Ross introduced his own Private Members' Bill on the issue of judicial appointments, but it was rejected by the Government. I am not satisfied at all, regardless of what the European body mentioned by the Minister might have said, or what might have happened in 2013. I am particularly dissatisfied about the handling of cases in the financial courts involving the repossession of people's homes. The House considered a Private Members' motion tabled by my colleague, Deputy Michael McGrath, over the past two days. The pressure being experienced by people was mentioned during that debate. We have seen recently that courts have been cleared of members of the public who had come in to help ordinary people who could not afford to pay for legal representation. The courts were cleared and the cases were held behind closed doors. That could not be right or proper. The Master of the High Court has tried to challenge the legality of the process around repossessions, mortgages and court cases. I understand he is under judicial review at this time. Why is an eminent man of his position being silenced? Serious issues of transparency and openness in the courts arise here.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The courts are independent.

Mattie McGrath (Tipperary South, Independent)
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They are meant to be.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Separation of powers is very important. I am not going to comment here on the actions taken in a particular court in relation to repossessions or any other issue. Judges act as they see fit. They have full independence in doing that. I am interested in examining the judicial council. I will be moving ahead to establish a judicial council. That is an important Bill as well. Obviously, my responsibility is in the policy area. I am responsible for bringing in appropriate legislation. It is time we had a judicial council in this area. Such a council will have the various powers I have outlined previously. That legislation is moving ahead. As the Deputy knows, I have had to deal with a number of other priority Bills in recent weeks. We are moving ahead on the judicial council Bill. We will be publishing it this year. As I said earlier, my Department has prepared a report on the submissions that have been made on the judicial appointments legislation. I will go to the Government with that later this year.

Mattie McGrath (Tipperary South, Independent)
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I am not happy with the Minister's reply. I am not making a blanket criticism of judges. I am saying there are serious question marks over some business in the financial courts. I visited an unfortunate farmer from County Carlow in jail recently. He was freed after 15 days under habeas corpus. He would not be freed if he was in proper circumstances, so that is a situation. A good number of members of the Judiciary have not fully disclosed their financial affairs with the banks. How come 98% of financial cases involving mortgage companies and banks are going in favour of the banks? It is not independent. It is not even acting like it is independent. Proper justice is not served when the public is denied access to the courts.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Deputy needs to be very careful.

Mattie McGrath (Tipperary South, Independent)
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I accept fully that if courts are going to be disturbed or upset, we cannot have that. Justice has to be done in public and be seen to be done in public. Justice behind closed doors is not proper justice. There are serious question marks about certain cases, including a case that is in the Court of Appeal today involving another farmer who has been imprisoned on foot of a warrant. Many of these warrants are questionable. The proper process is not being obeyed.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy is making very serious allegations.

Mattie McGrath (Tipperary South, Independent)
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I will furnish the Minister with the details.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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His allegations about judges and about behaviour in courts are very serious.

Mattie McGrath (Tipperary South, Independent)
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I would not make them only for I had them tracked.

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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In its current form, the judicial council Bill provides for the establishment of a judicial council and board that will promote excellence and high standards of conduct by judges. It will also provide a means of investigating allegations of judicial misconduct. In this context, a judicial conduct committee with lay representation will be established. It is an important Bill. It is important to emphasise that this legislation will facilitate the ongoing support and education of judges through a judicial studies committee and through the establishment of judicial support committees. The Bill is an important part of the infrastructure that needs to be in place in our courts to support the work of our judges and to ensure we have an effective mechanism for dealing with complaints against judges.