Seanad debates

Wednesday, 22 November 2017

Judicial Council Bill 2017: Second Stage

 

11:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire go dtí an Teach. On a personal note I thank the Leader of the Seanad, Senator Buttimer, for allowing Senator Colm Burke to cover for me on this issue earlier. I was unavoidably detained in my constituency.

This legislation is long overdue and very welcome. The establishment of a judicial council brings Ireland in line with best international practice. The Minister may have referred already to the unparalleled record of excellence in the manner in which members of the Judiciary do their job. This is well recognised internationally. When the troika was in Ireland it could not challenge the absolute integrity of the Judiciary in Ireland and the independence afforded to the Judiciary directly through the Constitution. Ireland is probably one of the European countries with the longest tradition of democracy. This has been underpinned, in part, by the excellence and independence of the Judiciary. That message needs to go out from Seanad Éireann loud and clear as we begin a new chapter in the distinguished existence of our Judiciary in bringing it into line with best international practice. We are proofing the Judiciary going forward. No more than any profession there will be bad eggs from time to time. When this happens, the bad eggs need to be dealt with in an open and transparent manner.

I absolutely agree about the detail of the Bill. The proposed judicial council will bring the Judiciary into a very modern era. The Chief Justice has allowed cameras into the Supreme Court recently to record the delivery of a judgment. This is a reflection of how the Judiciary wants to see the profession modernised and evolving with modern times.

The proposals in the Bill have a significant amount of positives. I am sure that as we move on to Committee Stage there will be amendments tabled, not just from across the House but also from the Minister, as the legislation continues to firm up. The notion of a system where people declare their interests is very important. I agree with the comments made on this by Senator Boyhan. As Members of the Oireachtas, Senators must submit information annually on properties we own to the Standards in Public Office Commission. Given the important role played by the Judiciary, and in order to prevent any suggested conflicts of interest, a register is certainly worth continued discussion.

The power to impeach a judge remains with the Oireachtas, under the Constitution - I believe it is Article 35.4.1°. That is enshrined in the Constitution and is the ultimate sanction.

The contributions made here today have been positive overall. I thank the Minister for initiating this legislation through Seanad Éireann. I look forward to and hope for a positive engagement to ensure the legislation is as good as we can produce.

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