David Norris (Independent) | Oireachtas source

I will make a couple of comments. I normally agree with my distinguished colleague, Senator McDowell, particularly in light of his wide experience of the law as Attorney General, Minister for justice and as a very effective practising senior counsel. I take issue with one statement wherein he said that judges, particularly at the higher end of the Judiciary in the High Court, Supreme Court and Court of Appeal, were appointed to make law. I do not believe they were appointed to make law at all. They make law faute de mieux. They make law because they are left in a situation where there is a gap in the law that has not been filled by the Oireachtas. I recall many occasions on which the Supreme Court chastised both Houses of the Oireachtas for not acting and leaving it to the Supreme Court to make a judgment in this area. I absolutely accept that judges, particularly of the superior courts, make law particularly by providing precedent and so on but that is in the absence of the kind of action that the public want and require. There is a significant cowardice on behalf of both Houses of the Oireachtas in not facing up to these issues.

One classic example, and I will not go on about it, was the abortion issue. Both of the main parties were terrified of the issue and would not go near it but the public were in advance of them.