Government blocks Fianna Fáil Bill on judicial appointments

Angry exchanges at justice committee

Jim O’Callaghan:   “The sole reason the Government is invoking this is not because the Bill involves a charge but to solve a political problem.” Photograph: Nick Bradshaw
Jim O’Callaghan: “The sole reason the Government is invoking this is not because the Bill involves a charge but to solve a political problem.” Photograph: Nick Bradshaw

The Government has blocked a Fianna Fáil private members Bill on judicial appointments, leading to angry exchanges at the Justice Committee yesterday.

Opposition TDs, including Fianna Fáil justice spokesman Jim O'Callaghan who sponsored the Bill, were severely critical of Minister for Justice Frances Fitzgerald, who was present to represent the Government.

The Government decided that since the private members Bill, which would have reformed the system of appointing judges, involved a potential charge on the exchequer, it could not proceed.

Taoiseach Enda Kennydeclined to supply what is known as a “money message” – meaning that any charge on the exchequer is not significant – and so the Bill could not proceed.

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Scathing in their criticisms

Opposition TDs, who only learned of the manoeuvre yesterday morning, were scathing in their criticisms of the Government and the Minister.

Mr O’Callaghan pointed out this was the first time the Government had suggested there could be any significant charge on the exchequer resulting from the Bill.

He said the Government had tried a number of times to get him to withdraw his Bill in favour of a Government Bill that has been promoted by Minister for Transport Shane Ross.

Earlier this week Mr Ross agreed to let a number of judges be appointed in return for a commitment from Fine Gael and Ms Fitzgerald to accelerate the progress of the Government Bill, which he supports.

‘Political problem’

“The sole reason the Government is invoking this is not because the Bill involves a charge but to solve a political problem,” Mr O’Callaghan told the committee. “This is a stroke by the Government,” he said.

However, Ms Fitzgerald said the two Bills – Mr O’Callaghan’s and the Government’s – could be taken together in January.

Meanwhile, Independent Alliance Minister of State Finian McGrath has said judges “will have to declare their interests” as part of proposed reforms. He said he and Mr Ross had proposed a register of interests for judges, similar to the register of financial interests for politicians, at the Cabinet meeting on Tuesday. He said “the vibe” at the meeting was very good.

“When we threw it out there, there was actually broader support than we were thinking, so the judges will have to declare their interests,” he said.

However, a Fine Gael Minister said a register of interests was unlikely to be be publicly available, as the Independents wanted.

Instead, it would be available on application to the parties in a case. The Irish Times understands there is no provision for a register of interests in the current drafts of the legislation.

Pat Leahy

Pat Leahy

Pat Leahy is Political Editor of The Irish Times