Jim Walsh (Fianna Fail) | Oireachtas source

This section concerns the retirement of judges. I see the Minister stitched into the legislation a retirement age of 70 years. It used to be 72 years and may still be for existing judges. Given the improvements in health and life expectancy, is the age a little too low? Should this be re-examined? I may contradict myself on this in a moment with another suggestion. We saw recently that one of our national broadcasters continued broadcasting until the age of 75. Admittedly, his position was not as taxing towards the end of his career in that I am sure he was not working every day. However, my point should be considered because there is a reservoir of wisdom and experience that could be put to good use. With the changing demographics in society generally and the expected increase in the number who will avail themselves of the State and public service pensions, there will be an increasing trend towards people working for longer. Will the Minister comment on this?

There are senior counsel who are experts in their field. Senator Ó Clochartaigh said they are very well connected politically. I do not agree with the Senator on decision-making in that I believe Governments are elected to make decisions. I have no difficulty with the Government making political decisions as long as they are transparent and as long as it is accountable for them. I have advocated this in respect of local government also. I argued long and hard that the planning processes should involve decisions of councillors, not the manager. Let them stitch in the reasons for granting planning permission, which reasons should be open to appeal. Let the councillors be accountable. If accountable and they breach planning laws, they will held seriously to account. Politicians should be given power. Let them exercise it and let them be accountable for their decisions.

Consider the cost system and our advocacy system. The law was changed to allow solicitors to go to the higher courts, for example, to advocate on behalf of their clients. I know many solicitors who would be very capable of doing so. Sometimes they could be more capable than the barristers they engage, but they do not do so because they are concerned about a perception of bias involving judges, who have been senior counsel, taking a dim view of advocates other than barristers. I know many eminent solicitors who told me they would not act as an advocate in the higher courts because they are concerned about prejudicing the cases of their clients.

I put it to the Minister's predecessor, Deputy Alan Shatter, in the House that there are other jurisdictions where being a judge or magistrate involves a lifetime career. I did not really get any great answer. The individuals are educated and trained to play their part. They take up their positions at a much younger age and are independent of the camaraderie and peer relationships that develop within the law library. I am not saying such an arrangement would be a panacea but that it should certainly be considered. It appears that the arrangement has some merit, and the Minister should consider it.

This would be a significant move, even if only in regard to certain courts. It need not be done for all courts. I think we had a case some time ago where somebody from the broadcasting industry was appointed a judge. He may well have had legal training, but he was practising as a broadcaster, not as a lawyer. That happened in the 1980s. We need to open our minds on this.

The system we have is open to complaints and criticism and the criticism made by Senator Ó Clochartaigh is one that is often heard. On the other hand, we have been particularly well served since Independence by our Judiciary. However, this would not stop me criticising some of them. In general, we have been well served, but that does not mean we should not open our minds to other approaches and avenues.