Seanad debates

Thursday, 17 November 2016

10:30 am

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

With regard to judicial issues, I am conscious that there is a separation of powers between the Executive and Judiciary. I am going to read what I have to say, and I will do so in the two minutes allowed. An issue arises over the judicial council Bill and there is much concern over it. The Government remains completely unaware of when this Bill will actually be published. The first motion I tabled in this House was on the establishment of a judicial council. In fairness to the Minister, she gave a very comprehensive response and said it would be published. Speaking in the House on 12 October, the Minister said the Bill would be published. The Taoiseach told the Dáil on 26 October that the heads of a Bill would be published in November. The Minister, however, said just a few days ago in the Dáil that she hopes the Government will be in a position to publish the legislation before the end of the year. We read in The Irish Timesthis week that the publication of the Bill is likely to be delayed until next year. I am not a lawyer but I am familiar with the well-known maxim, "Justice delayed is justice denied." What is holding up this judicial council? We hear on a daily basis a plethora of arguments, both inside and outside the House, on the Minister for Transport, Tourism and Sport, Deputy Shane Ross, and the appointment of judges. This is clearly a problem for the Government. It requires the Taoiseach to take action and a certain amount of discipline and control. The Government is required to clarify the position on the vacancies that currently exist. There are people queueing up in the criminal courts and there is a lack of judges. The issue is critical and it needs to be addressed. Is there a row going on? Clearly, there is. Does it need to be clarified? Yes, it does. Who should clarify it? In the first instance, the Minister for Justice and Equality should come back here and tell us whether the date for the Bill has been changed. It is my intention to issue a further and very detailed statement about this issue today.

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