Seanad debates

Wednesday, 16 July 2014

Court of Appeal Bill 2014: Committee and Remaining Stages

 

4:35 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I agree we have been well served by our Judiciary. During our debate on this Bill in the Dáil, a number of Deputies pointed out that many people are calling for change in regard to the appointment of judges, but at the same time they say we have been well served by the judges we have had. People give out about the appointment process, but in the same breath say we have been well served by our Judiciary. There is general agreement on that. We have been extremely fortunate to have a judiciary of the calibre we have and it is important to recognise this, notwithstanding the need to look at the appointment promise and the need for a judicial council. These are part of ongoing development in regard to how we view the Judiciary and how we believe it should be managed, notwithstanding the critical importance of the separation of powers.

Senator Walsh made a number of points regarding solicitors. He is probably aware that since enactment of the Court and Court Officers Act 2002, solicitors with relevant experience are eligible to be considered for appointment as judges to the High Court and the Supreme Court. Four judges of the High Court are former solicitors and no doubt we will have more. I have discussed this with members of the Law Society of Ireland. The Senator pointed out that sometimes solicitors themselves are hesitant about applying for these positions, but that is changing and I would expect to see further change in the years ahead.

The point made regarding age is interesting and would apply to many areas given changing life expectancy. We do not intend to be ageist in how we approach the issues, but by public sector standards a retirement age of 70 is higher than in many other jobs in the sector. For judges, the age has been set at 70 since 1995. It may be time to revisit that, but I suggest that should be for another day. The point made is worth considering.

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