Colm Burke (Fine Gael) | Oireachtas source

I welcome the Minister to the House. Coming from the legal profession, I have some concerns on the Bill. It is important to recognise that the system of appointment to the judicial service has been in place since 1922 and the Judiciary has served the country very well. The Judiciary has pushed out the boundaries in constitutional cases and has given rights which were perceived not to exist. These appointments were made by the Government of the day yet the Judiciary kept its independence at all times and the separation of powers was always maintained. We are very lucky as a jurisdiction that this has been the case since 1922.

We are now discussing setting up a commission. Members are elected to Dáil Éireann and the Cabinet is formed by the party with the majority of support. The Cabinet is drawn from all areas of Irish life, including some with judicial experience or teachers and doctors who work in the community, but it is not from any one group. We are now setting up a new process for selecting the people who will be appointed to a judicial role when in real terms the Cabinet, which is not drawn from any one group of society, is already in place. While we may have criticisms of Governments, down the years, overall the Government has acted in a reasonable and proper manner when making judicial appointments. I have appeared in all courts, namely, the District, Circuit, High and Supreme Courts, and have always found, on reflection, that the decisions have been correct based on the arguments that have been placed before the judge or judges. It has been set out quite clearly that there is a need to set up this new commission and I accept that decision but it is important not to over-regulate by stating the Government of the day cannot do A, B or C when the system has already worked very well.

The 13 members of the commission will be drawn from the courts, the Office of the Attorney General and six lay people. The lay people will come from the recommendation of the Public Appointments Service, PAS. I am not sure it can make a wiser decision than the Cabinet of the day as to who chairs a particular committee or commission. Are we setting up another structure? In recent years, the talk was of removing quangos and I wonder whether we are setting up a structure that is not necessarily in everyone's best interest. We have taken the decision. There are Members who have far more experience in this area than have I and who intend to table amendments, which must be considered carefully.

It is important to emphasise that the Judiciary has served us well since 1922 and has maintained at all times its independence. While we might be critical of some decisions, we have got a very good return overall from the system that was established in 1922 and subsequently under the Constitution of 1937. The Judiciary has been independent in constitutional matters, no matter which Government was in power. The courts have been extremely proactive in ensuring that where the State has overstepped the mark, it has been held to account and in making sure the ordinary citizens have the same rights, regardless of their status and social and economic background.

We must give the Bill before us careful consideration and must ensure that we will not need to come back in four or five years' time because the commission is not reaching the right decisions on recommendations.