Seanad debates

Wednesday, 16 July 2014

Court of Appeal Bill 2014: Second Stage

 

3:35 pm

Photo of Jim WalshJim Walsh (Fianna Fail) | Oireachtas source

The Minister can correct me. I understood that was the case, and it would be a missed opportunity.

A group of members of the justice committee travelled in 2005 to examine justice administrations in other jurisdictions and we returned strongly convinced about, and advocated for, the establishment of a judicial council. To the best of my knowledge, that has not been set up. I also understand from my party's time in government that this was resisted by Supreme Court judges in particular, which is unacceptable. Everybody should be subject to oversight. It should not be political oversight. We met a supreme court judge in Massachusetts who said a group of his peers sat on a council and examined infringements. For example, a judge in this jurisdiction should have been successfully prosecuted for a criminal offence. Instead, the Oireachtas tried to impeach him and he ended up resigning without sanction and in receipt of an enhanced pension, which is unacceptable. Another Supreme Court judge honourably resigned for making a misjudgment when he made an imprudent approach regarding a case. Everybody agreed at the time that it was not a offence that should lead to dismissal, but there was no interim way of dealing with the issue other than by taking the honourable course, which he did. That was a decade ago. A judicial council is overdue.

The Minister should also consider a register of interests for judges. This should have been introduced before now. Their bank loans, in particular, should be registered. There is a perception that many members of the legal profession, including the Judiciary, may have been heavily leveraged when the crash happened and, as a consequence, that may have an impact on judgments. There should be no doubt or perception about that. Their current position should be clear and transparent.

Recently, I read that the pensions of judges, which were accruing at the rate of one-fortieth per year, are now accruing at the rate of three-eightieths, which is an increase. Will the Minister clarify this? It runs contrary to everything that has happened in the public service over the past six years.

A Competition Authority report has been sitting in the Minister's Department since December 2006. It made a series of recommendations regarding reductions in legal fees to make them more competitive. The report has not been implemented, which is a disgrace, and I hope the Minister will ensure during her tenure that the recommendations are fully implemented to bring down legal costs. It is galling that, given the crisis we have experienced as a nation and the hardship and austerity that has been imposed on our citizenry, two groups have profited beyond expectation from it: first, corporate banks, and second, the legal profession. It is disgraceful that two groups, one of which contributed significantly to the crisis and the second of which makes no tangible contribution to our GDP, growth rate or economic recovery, have been the greatest beneficiaries. I ask the Minister to bear that in mind when she pursues these issues.

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