A review of how judges are appointed will consider the best way to protect the principle of judicial independence, Minister for Justice
Alan Shatter
has told the Dáil.
The review will also include consideration of issues such as the appointment process, eligibility criteria, the role of the Judicial Appointments Advisory Board and the need to promote "equality and diversity".
Confirming the review is being undertaken by his department, Mr Shatter said a public consultation in December had resulted in "a number of submissions" from members of the public as well as from the judiciary and the legal profession.
'Unsatisfactory'
In a 98-page submission last month judges trenchantly criticised the system of appointments, and described it as "unsatisfactory" and "demonstrably deficient".
Mr Shatter noted, however, that the judges "stated that there is no evidence of any description since the foundation of the State that members of the judiciary are politically partisan in any shape or form in the manner in which they determine proceedings".
Coming year
Fianna Fáil justice spokesman Niall Collins raised the issue as he pointed to "between 10 and 15 retirements from the judiciary during the coming year".
He asked “will legislation to reform the judicial appointments process be brought forward?”
Mr Shatter said “any proposal to introduce a new system of appointments which would require statutory amendments would be a matter for consideration by the Government in the first instance”.
He said under the system of judicial appointments in place since 1995, the Judicial Appointments Advisory Board submitted to the Minister “the names of persons who have applied for appointment and whom it recommends as suitable for appointment”.
Mr Collins said there was “no doubt that all members of the judiciary have acted independently since they were appointed”. Nobody had ever offered him any evidence of political bias by members of the judiciary.
The Fianna Fáil spokesman referred to the Minister’s comments in the Dáil last May that up to two-thirds of the judiciary had no political affiliation.
Mr Collins said “I do not think the debate should be crowded around the notion that because somebody was politically affiliated at one point in their life, this should automatically disbar them”.
Mr Shatter said it was important to look at modernising the system in a careful and responsible way to preserve judicial independence.
'Contaminated'
"However, I do not believe the debate should be contaminated by a suggestion that any current or past judge has ever at any stage made a decision based on a political commitment he or she may have had prior to his or her appointment to the judiciary."
Mr Shatter also said that every appointment made by the current Government had been drawn from a list submitted by the advisory board of appropriate individuals.
