Judicial appointments procedure
Eamon Ryan asks whether the Cabinet handbook should be amended amid reports of a dispute over judicial appointments and collective Government authority. The Taoiseach says appointments are made collectively, no handbook change is needed, and dismisses the reports as fake news.
Is the Taoiseach considering amending the Cabinet handbook in respect of the issue of judicial appointments? While legislation is going through the Dáil process at present, one reads in the newspapers today of a further row, in which the Minister for Justice and Equality is saying he has the authority to propose the appointment of judges and that there can be no veto on appointments. How does that marry with Article 28.2 of the Constitution, which states that the Government has to work with collective authority, as well as collective responsibility? As a former member of Cabinet, it is my understanding that there is an effective veto. If one is a member of Cabinet one has the power to say "No". Is there a change in the rules, the legislation or the interpretation of the Constitution in respect of the necessity for collective responsibility, authority or agreement on judicial appointments? The current system, in my understanding of the law, means that any Cabinet Minister has the ability to say "No" and to stop an appointment. Has that changed? Will the Taoiseach, the Minister for Justice and Equality, or both outline the rules under this Government?
Comment on this
There has been a lot of fake news on the front pages this week. Decisions made on appointments such as this are made collectively by the Government. The decision on that particular appointment was made collectively and unanimously by the Government, so there is no need to correct the Cabinet handbook. This is the third time in the past three or four weeks that I have read a story in a newspaper about a Cabinet Minister threatening to resign, but I have yet to have one do so. They all seem to want to hold onto their positions. Perhaps they are afraid that I might say "Yes". This is more fake news I am afraid. This time it was in The Irish Times, it was the Irish Examiner earlier on in the week.