Martin Conway (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit go dtí an Teach. It is great to have a busy Minister of State take time to come to the House and show respect for the Seanad and the work it does. I thank Senator Victor Boyhan for proposing the motion. He and his team put much thought into justice issues, as is reflected in the important motion before us.

I listened carefully to Senator Michael McDowell outline his experience as Attorney General and subsequently as Minister for Justice, Equality and Law Reform over the eight-year period between 1999 and 2007. During that period, it was not only problematic but nearly impossible to move on this issue. This shows how slowly the wheels are turning on this issue. I have no doubt that the fault lies in the Four Courts, as the Senator noted. The Department may be much maligned but it would certainly not delay a measure by eight years. Large bodies move slowly and many traditional bodies do not want change, as was evident during the previous Government's term when the Legal Services Regulation Bill was challenged. While some of the concerns raised about that legislation were genuine, and they were addressed in the final product, as it were, they were symptomatic of a profession that is slow to embrace change, although to be fair, when it embraces change it does so fully.

I share the concern expressed by Senator McDowell on media speculation that a certain Minister has an issue with the making of judicial appointments and wants specific legislation passed before any meaningful judicial appointments are made. This does not say much for the eminent judges who were appointed in the past 20 years by various Governments under what may be described as the old system. Ireland is extremely fortunate to have judges of the utmost integrity and it is appropriate that the separation of the Judiciary, Executive and Legislature is observed to the nth degree.

When legislation finally comes before the House it will introduce safeguards and proper checks and balances to ensure a procedure is in place for dealing with a member of the Judiciary who is not following the eminent traditions of the Judiciary, if one likes. Such legislation is necessary and would bring us into line with many of our European neighbours in respect of the appointment of judges.

In my experience, motions of this nature in the Seanad are important because they ensure a Minister comes to the House to account for the Government's position on the subject of the motion. I am pleased to note the Government is not opposing this motion.It is a very positive statement that they agree with the principle of the motion.

We have a unique facility here in Seanad Éireann by which any one of us can table a motion. The Government is then required to come in and put its position on the record of the House. I certainly look forward to what the Minister of State, Deputy Stanton, will have to tell us, particularly in terms of the timeline. We all know this legislation is imminent. We all know that it is on the autumn legislative programme, known as the A list. If it is on the A list, it means that it is the Government's absolute intention that it should be with us prior to the Christmas recess. We are talking about seven or eight weeks, probably. The Minister of State may even be in a position to tell us which week it will come before us. He will be delighted to know that we in Seanad Éireann will have no problem initiating the Bill and putting it through this House in the first instance, as we have done with many other Bills, in the unlikely event that the Dáil schedule is packed with legislation. From where I am standing, the Dáil has plenty of time to discuss legislation because there is precious little going through it. In the event that the Dáil has a problem and there are difficulties with timetabling, we would be very happy to initiate the Bill in this Chamber.

I offer many congratulations to Senator Boyhan and his assistant for putting this together. I look forward to hearing the rest of the contributions.