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

I thank Senators for making time available to address these important matters in the House.

As Senators are aware, there is a commitment in the current programme for Government to reform the judicial appointments process and to introduce legislation for the establishment of a new judicial appointments commission. The judicial appointments Bill involves complex legal and constitutional questions which will require careful consideration, further consultation and teasing out into the most appropriate measures. I intend then to proceed to finalise a general scheme of the Bill and to bring it before the Government for approval.

Senators will be aware that, under the Constitution, judges are appointed by the President on the advice of the Government. It is an act of the Executive under the Constitution to advise the President on the persons to be appointed to judicial office. The current process for the appointment of judges in Ireland is set out in the Courts and Court Officers Act 1995, as amended, which established the Judicial Appointments Advisory Board as a recommending body. The role of the board is to identify persons through their own application or the board's invitation who are suitably qualified for judicial office.

A process involving a wide-ranging review of all aspects of the law on the system concerning judicial appointments was commenced under the previous Government and has been referred to by me in previous contributions in this House and in the Dáil. A consultation process on the system of judicial appointments was conducted by my Department in 2014 and it was acknowledged then that the Judicial Appointments Advisory Board process was a model of best practice in its day but that it was time, after almost 20 years, to review the operation of the judicial appointments system to ensure it reflects current best practice having regard to international standards, that it is open, transparent, accountable and that it promotes diversity.There was an encouraging response to the call for submissions. A total of 27 submissions were received from a range of interested persons and bodies, including the Judicial Appointments Review Committee, which is a committee of the Judiciary, the Bar Council, the Law Society of Ireland, the Irish Council for Civil Liberties and other civil society groupings, former judges, public representatives, university-based lawyers and private individuals. These submissions remain available to us and are of direct relevance in terms of moving to the delivery of new legislation in this area.

A number of reform themes emerged from the consultation process and, along with the programme for Government commitment, they are informing the preparation of the new legislation. Among the strongest ideas to emerge is the idea of the importance of ensuring that the Judiciary retains the independence essential for discharging its constitutional function. I believe Ireland has a proud record in this regard. Another important idea is that the Judiciary should reflect, as far as possible, the diverse nature of society, from which it is drawn, as is the idea that judges should be appointed on merit.

I imagine the House will agree that our reforms must have regard to these important principles. Significant further work and critical consultation will be necessary in finalising the scheme for a new judicial appointments commission Bill. This is a priority for the Government and I look forward to bringing this legislative reform to the House at the earliest opportunity.

A number of vacancies exist in the courts. Currently, there is one vacancy in the Supreme Court, two vacancies in the Circuit Court and one vacancy in the District Court. There are also two pending vacancies, one in each of the Circuit Court and the District Court. Undoubtedly, there will be more over the coming period. The requirements of the administration of justice will be the over-riding priority for the Government over the period ahead as the necessary reforms are brought forward as expeditiously as practicable.

It is intended to publish the judicial council Bill in this session. Considerable work has been done on it. The Bill will provide for the establishment of a judicial council to promote excellence and high standards of conduct by judges as well as to facilitate the investigation of allegations of judicial misconduct. That legislation and the judicial appointments commission Bill will together provide for a fundamental and far-reaching reform of the judicial system.

Senators have called on me to address the issue of Garda pay. I am disappointed that the Garda Representative Association rejected the agreement reached with my Department in recent weeks and has announced an intention to take industrial action.

It is disappointing that the Association of Garda Sergeants and Inspectors is contemplating action, particularly in view of the positive outcome of the recent association ballot on the Lansdowne Road agreement. Members of the association accepted the proposal by a ratio of 70:30 some weeks ago. In the event that it proceeds, such action would be unprecedented and would be detrimental for society, An Garda Síochána, Garda morale and public confidence. I am committed to doing everything possible to find a resolution within the very real constraints that exist in terms of public sector pay. Everything that can be done will be done. My focus and that of the Government is on negotiation and we are looking for a pathway to move forward. I have said consistently that all sides must continue to explore ways forward through further engagement. I met with the GRA and the AGSI last week to hear first-hand their outstanding concerns. Those meetings were constructive and I will continue to facilitate further engagement. The GRA will meet this week and I hope my officials and the GRA will be in a position to meet us before the end of the week, if not, then early next week.

As Senators will be aware, the agreement reached between my Department and the GRA addressed in a positive way the issues raised by the GRA in the course of negotiations, which took place over a number of months. In particular, the agreement sought to address the concerns articulated in respect of the pay of new recruits, the additional hours that gardaí are required to work, access to pay determination and dispute resolution bodies and the completion of the review of An Garda Síochána. The agreement we had reached included significant benefits, including the restoration of the rent allowance, worth over €4,000 annually, to new recruits as well as lifting the increment freeze that has been in place since 1 July.

It would be most unfortunate if, rather than engaging further, action was to be contemplated that would not be in the best interests of our communities or An Garda Síochána. I have mentioned this on a number of occasions and I imagine Senators will agree with me. Members of An Garda Síochána, like all public servants, played a significant part in stabilising the public finances and bringing about the economic recovery. They were subject to the same pay reductions as all other public servants over the course of the financial crisis years and similarly have benefitted from the partial restoration of pay commenced on foot of the Lansdowne Road agreement. Like all public servants, members of An Garda Síochána played a significant role in stabilising the public finances. In working with them I am keen to find a way forward towards pay restoration that can be managed within the parameters laid down.

The Government is conscious that the associations, as is the case with many public sector representative bodies, are frustrated at the pace of pay restoration. However, I imagine many Senators would agree that the Government must take a sustainable and prudent approach to public sector pay. We are committed to the Lansdowne Road agreement as the framework for industrial relations and pay determination within the public service. Within this framework, the programme commits to the establishment of a commission for public sector pay to examine pay levels across the public sector, including entry levels of pay, and to the gradual negotiated repeal of the Financial Emergency Measures in the Public Interest Acts.

As the Minister for Public Expenditure and Reform, Deputy Donohoe, said in his budget speech yesterday, the public service pay commission will report to him by the middle of next year and provide inputs on how the unwinding of the financial emergency measures in the public interest legislation should proceed. We will ensure all those represented there do so on an equal footing. The resolution of any outstanding issues of concern to the GRA or the AGSI can only be addressed through engagement between the parties, and I urge them to engage in discussions before contemplating any action that, as I have said on numerous occasions, would not be in the best interests of our communities or An Garda Síochána.