Colm Burke (Fine Gael) | Oireachtas source

It was interesting to hear the comments made on the appointment of the former Attorney General. It is important to note that 16 of the 29 Attorneys General of Ireland have been appointed to the High Court. A number of others were appointed to positions at European level. I refer to Mr. Peter Sutherland SC and Mr. Justice John Murray. In fairness to Ms Máire Whelan, there is no question or doubt that she has the competence to serve on the Court of Appeal. It is a prerogative of the Government constitutionally to make the appointment to any position on the Superior Courts. People may complain about the procedures, but constitutionally it is the Government that makes the appointment.

People criticise the Judiciary here from time to time, but over the last 80 or so years, it has served this country well. Judges have pushed out the boundaries of the law when the Oireachtas, Ministers and taoisigh have refused to tackle the issues. In quite a number of areas constitutionally, there are established rights for citizens on which the Oireachtas was not prepared to introduce legislation.It is important we have that separation of powers. The Minister and the Government appointed Máire Whelan to the Court of Appeal. It must be remembered that the Court of Appeal was set up six years ago because we had a backlog in the Supreme Court and getting a hearing in that court could take four years. We set up a proper procedure to ensure the backlog was dealt with. It is important that access to the courts is within a reasonable time. Over the past six years, we have changed some of the issues on that. The criticism about Máire Whelan's appointment is wrong. She has the ability and experience to serve and to perform as a member of the Court of Appeal.