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Dáil
‹ Leaders' Questions

Judicial appointments and political influence

Summary

Deputy Ross asks how District Court judges are vetted and seeks an assurance that judicial appointments will be removed from political influence. The Minister declines to discuss a case before the courts, refers to existing qualifications and appointment procedures, and says judicial matters may be reviewed after proceedings conclude.

Last week, in reply to a question I put to him in this Chamber, the Taoiseach graciously agreed there was a case for judges making declarations of their interests. This was in response to a judge having recused himself from a case when he held shares in CRH plc. Judges are in the spotlight at present and I wish to ask the Minister a question.

This week a judge from the District Court was convicted of a serious offence for the first time in the history of the State. I will not comment specifically on the case except to ask that in the light of the fact that the Judiciary is being proved to be accident-prone and no judge has ever been impeached by the Houses of the Oireachtas - it is almost impossible to dismiss a judge in this country - will the Minister answer the following question? What procedures are in place to ensure judges, especially those of the District Court, are properly vetted before they get those jobs? It is quite obvious the most important qualification is political influence or colour. Apart from the judicial appointments advisory board, are judges subject to interview or questions? Do they need any qualifications apart from a basic legal qualification? It is important we avoid the sort of incident that has happened in the case I outlined and we must take precautions to ensure judges have a past which qualifies them for the job and are not simply qualified politically.

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They have to be card-carrying members of a party.

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I may be advised by the Ceann Comhairle in the context of the case that is before the courts.

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Seán Barrett An Ceann Comhairle Fine Gael

I would not go there.

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It would be extremely unwise for me to comment in any way on the circumstances referred to by the Deputy.

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The matter is before the courts. This House may have certain legal responsibilities in areas and it would be extremely unwise for me to comment. I understand with regard to the question of judges' interests that the Taoiseach in a previous reply undertook to have a conversation with the Minister for Justice and Equality.

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That is if he can find the Minister.

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There are various proposals before the Minister regarding the organisation of the courts and the regulation of judicial matters. There is, rightly, a separation between this House and the Judiciary and it would be unwise of me to comment in any detail on-----

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Labour Party judges.

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-----the court case referred to by the Deputy.

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What about the Labour judges?

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That is utterly ridiculous. I am not asking for a comment and I specifically indicated I did not want a comment on that court case.

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Why did the Deputy raise the matter?

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I am asking how District Court judges are vetted before they get the job.

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Party membership.

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It seems the refusal of the Government to answer the question means that the old political jobbery-----

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It is party membership.

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The Deputy would not qualify so.

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They must be members of the Labour Party.

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I do not wish to tread into territory that is delicate and I have deliberately avoided it. I have asked how these people are vetted. I will answer some of the question myself. They do not have to be interviewed or answer specific questions and it is an advantage to have political affiliations.

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That is the answer.

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Seán Barrett An Ceann Comhairle Fine Gael

We are straying into dangerous territory.

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Will the Minister give us an assurance-----

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Seán Barrett An Ceann Comhairle Fine Gael

I am trying to provide some guidance for the Deputy. We are straying into a difficult area and there are strict rules around discussing the Judiciary. In my opinion the Deputy is entitled to ask how people are appointed but we cannot imply any wrongdoing.

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No, we would not do that.

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He did not say there was wrongdoing.

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Seán Barrett An Ceann Comhairle Fine Gael

There is a Standing Order dealing with impeachment if the Deputy wishes to check it.

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I am simply asking that, as a Minister in a reforming Government, Deputy Burton will give an assurance that the Labour Party, at least, is committed to removing the naked appointment of judges from the political arena.

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It is a very good question.

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Seán Barrett An Ceann Comhairle Fine Gael

We do not need a chorus.

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Everything should be cleaned out.

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The Deputy is well aware that there is an application-----

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The Deputy would love that responsibility.

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-----and appointments process for members of the Judiciary at any level. There are certain conditions relating to qualifications and experience of those persons who apply to be considered for judicial application. In the context of the court case referred to by the Deputy, it would be deeply unwise at this point to have a discussion of the matter.

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Bernard Durkan Deputy Bernard J. Durkan Fine Gael

Hear, hear.

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Deputy Ross twice made it clear he was not looking for that.

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He does not want it.

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It may be appropriate at a later stage, when court proceedings have been completed. I would strongly suggest we should not discuss this or related matters at this point.

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