Judicial appointments legislation
Shane Ross asks about legislation on justice and equality courts and whether it will address judicial appointments following comments by Mr. Justice Peter Kelly. The Taoiseach defends the existing judicial appointments commission, while the Chair prevents further debate.
On the issue of promised legislation, a justice and equality courts Bill is due to be published. Does the Taoiseach intend to introduce that Bill in this session? In view of the fact that Mr. Justice Peter Kelly said yesterday that many judges who were better qualified had been passed over for reasons to do with political preference, does the Taoiseach intend to include provision for the appointment of judges in the Bill?
Comment on this
We cannot debate the contents of the Bill. That is not a matter for the Order of Business.
Comment on this
I answered questions on this issue yesterday. A judicial appointments commission is in place and assesses the applications of those who wish to be considered for appointment to the Bench. Mr. Justice Peter Kelly has a brilliant record in running the commercial court. His comments were related to the Supreme Court. As I said yesterday, the Chief Justice was already a member of the Supreme Court before being appointed by the President as Chief Justice. Also, two other appointees to the Supreme Court had already been nominated to the High Court before being elevated. I do not believe anybody could quibble with their integrity, credibility and capacity to do the job as required on their appointment to the Bench.
Comment on this
The President of the High Court chairs the judicial appointments commission and vets all applications.
Comment on this
Nobody has been appointed, or will be appointed, who has not been vetted or approved by the judicial appointments committee, under the chairmanship of the president of the court.
Comment on this
I ask both sides of the House to recognise the Chair when I try to rule in accordance with Standing Orders. I have to be seen to be fair to both sides. The distinction between what is allowed on the Order of Business and what is not is quite clear. I will not allow a question or the answer to that question if it is not in order. I want to be fair to everybody. There are other ways of dealing with this issue without raising it on the Order of Business. By all means, I will facilitate matters that are in order.