Alice-Mary Higgins (Independent) | Oireachtas source

I welcome the Minister of State and I also welcome the motion. My colleague, Senator Black, is our spokesperson on justice and equality and she would normally have contributed but she is unable to be present. I had the opportunity last week to participate at the parliamentary assembly of the Council of Europe in the election of new judges to the European Court of Human Rights. It was interesting to observe that process in action. A shortlist had been selected and scrutiny and oversight was transparent. The curricula vitae and qualifications were scrutinised fully and only a few candidates were allowed to go forward on a shortlist before we had the opportunity to vote. I do not suggest that is the system for Ireland but it sent a great signal of confidence because people fully trusted and engaged with it to appoint judges. There is an opportunity here to instill that sense of strength, confidence and engagement. I do not impugn the processes followed in this State but this system presents an opportunity for something better.

The Group of States against Corruption, to which Ireland subscribes, has explicitly among its 11 recommendations for Ireland, in terms of ensuring the visible absence of corruption and sending a strong signal to others across Europe, the establishment of a judicial council. We had that signal from Europe but we also have champions in the State in respect of this issue. Ms Susan Denham, Chief Justice of Ireland, has been emphatic and strong in pleading for progress on this issue following many years of delay. She described a council "as a necessary element of the infrastructure of a modern democratic state". She has made a strong and credible case but she also referred to something which is more important now than at any point previously, which is that the council should be instrumental in promoting public confidence in the administration of justice. There is a lack of public confidence in justice in Ireland and in many other parts of the world. People must not only experience justice as being fair and equal but it must be seen to be transparently so.Building and strengthening public confidence in our justice system is vital. I recognise, of course, the complete independence of the Judiciary and that, as public representatives, we have a separate and different role. However, there are things within these proposals which could serve to strengthen and underscore public confidence in the Judiciary. One of them was spoken about by Senator Boyhan who referred to a judicial conduct committee with lay participation. That is a constructive and positive proposal which can build public confidence.

Senator Mac Lochlainn spoke about the idea of a sentencing committee which might engage with NGOs and civic society. There is a huge role to build public confidence and engagement in the area of training. It is an area on which I wish to focus in particular. As an appropriate and positive way to strengthen judicial training, one area where that might be looked at I suggest respectfully and constructively, is violence against women. The UN Handbook for Legislation on Violence Against Womenhas highlighted the importance of training and capacity building for judiciaries in areas like this. It has also been highlighted in respect of the introduction of new legislation. For example, as Ireland ratifies the Istanbul convention, access to justice will be part of the process. It is important that there is an appropriate, independent mechanism to facilitate that kind of training and engagement.

Recognising that it is a question for a judicial council and not for us here, I support the idea of a register of interests for the Judiciary. It is a very constructive proposal. While it is not for us to determine, it would be constructive and strengthen and underscore public confidence in all our judges. This is an opportunity. It is a positive and constructive step forward. Whichever Bill it comes through, whichever proposals are adopted and whatever shape it takes, what is important is to hear from the Minister how she can respond as to how this will move forward in the next year. How will she send that kind of signal at a time when it is most needed?