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Dáil
‹ Order of Business

Independence of judicial appointments

Summary

Deputy McDonald asks whether legislation will make judicial appointments independent of political influence. The Taoiseach defends recent appointments and explains the role of the Judicial Appointments Advisory Board and President.

-----if that is, in fact, the case.

I refer to the comments this morning of Mr. Justice Peter Kelly of the High Court. He referred to appointments to the Supreme Court which he said were purely political, in his view. He further stated that the Judicial Appointments Advisory Board has not worked in making judicial appointments truly independent.

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Seán Barrett An Ceann Comhairle Fine Gael

Where is the Deputy going with this?

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In fact, a number of the appointments to the Bench which took place under the Government have had political links with Fine Gael or the Labour Party.

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Seán Barrett An Ceann Comhairle Fine Gael

Is there a question on legislation?

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Does the Taoiseach have plans to bring forward legislation to ensure judicial appointments are truly independent and free from political interference?

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Seán Barrett An Ceann Comhairle Fine Gael

Has legislation been promised?

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Enda Kenny The Taoiseach Fine Gael

On the issue of Garda resources, I have already given my comments to Deputy Micheál Martin. I sent the Deputy a copy of the relevant statutory instrument in respect of the health issue she had raised. I am assuming my information is correct in this regard.

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The Taoiseach should be careful.

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Enda Kenny The Taoiseach Fine Gael

The comments by Mr. Justice Kelly to which the Deputy referred related specifically to Supreme Court appointments. We have been very careful never to interfere with the Judiciary. Nobody in this country could quibble with the elevation of Mrs. Justice Susan Denham from the Supreme Court to the role of Chief Justice. The two most recent appointments to the Supreme Court, Mr. Justice Clarke and Mr. Justice MacMenamin, were made by a previous Administration on the basis of the appointees' qualities, integrity and credibility.

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Seán Barrett An Ceann Comhairle Fine Gael

We are moving away from the Order of Business.

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Enda Kenny The Taoiseach Fine Gael

The Judicial Appointments Advisory Board makes recommendations from which the Government may select a candidate. However, Supreme Court judges are appointed by the President. In respect of the three most recent appointments, I do not see how anybody could quibble with the individuals' integrity and ability.

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