Jim Walsh (Fianna Fail) | Oireachtas source

I welcome the fact that adequate time is being provided for debating what is a short but important Bill that is not without consequences or ramifications for people. In this House we are not always afforded the time to properly debate Bills but I acknowledge that we have in this instance, as I have been critical of the practice in the past.

The Minister is welcome to the House. I feel somewhat conflicted on the issue, although I concur with the Minister's comments on openness and transparency and the manner in which the law under our Constitution should be operated. My personal conviction on many issues is that the common good is a very important feature, and there is much emphasis on individual rights, although we must balance this dynamic. In this instance part of the motivation behind the Bill is the common good so that people will be aware of the process and be better informed about it if they must access the courts.

On the other hand, as the Minister has indicated, these can be very painful experiences for the people involved in cases. One must consider the role played by the media and how people react to it, and in his opening remarks the Minister referred to the fact that there would be an obligation on solicitors to brief clients and prepare them for a new scenario in family law cases. To some degree, an unacknowledged advantage may well be that in the processing of cases, the judge in charge will be aware that he or she is subject to some element of accountability, which is an important feature of the entire legal process. I have been advocating for many years the establishment of a judicial council and I was a member of a Oireachtas joint committee which researched the idea in Canada and the US eight or nine years ago. We were impressed with what we saw and were enthusiastic in advocating a move in that direction. My understanding is the idea was not welcomed entirely by some people within the Judiciary but there is a real need for an effective review of judicial activities by peers. There should not be any political or external influence but there should be a review.

Two judges have resigned, although the second judge only did so when there was no other option. In one case there was a consensus-----