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Seanad
‹ Order of Business

Judicial independence and appointments

Summary

Senator Bacik condemned ministerial tweeting at judges, warned about threats to judicial independence, and asked for a debate on separation of powers. She also raised concern that judicial appointments could be delayed, worsening court backlogs.

I join other Members in expressing condolences on the death of William Trevor, a beautiful writer of wonderful short stories that were really evocative of rural Ireland. His death is a very sad occasion.

Will the Leader arrange for a debate on the separation of powers and the independence of the Judiciary in light of what appears to be an ongoing feud between the Minister for Transport, Tourism and Sport, Deputy Ross, and senior judges? I do not consider it appropriate for a Minister to tweet, as the Minister, Deputy Ross, appears to be doing, in response to comments by the Chief Justice.

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One might be tempted to compare him to President-elect Trump.

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David P.B. Norris Senator David Norris Independent

He has been trumped.

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I thank the Senator. Both appear to be tweeting to deflect criticism on their lack of achievement in office or in Trump's case, concerns about what he will achieve when in office. It is inappropriate and unseemly. It adds to a concern one might have after comments by another Deputy in the Dáil concerning a judge who sat in judgment in her case.

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David P.B. Norris Senator David Norris Independent

She was quite right.

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We must be careful about that. There is the important principle of the independence of the Judiciary. That said, all of us share a concern about the need for reform of the judicial appointments system. However, reform of the system is very different from abolition or stalemate of any judicial appointments pending the slow progress a Bill makes in either House. There is a concern that there will be no appointments to the Judiciary with the result of worsening delays in the judicial system for litigants before the courts. We must examine the current judicial appointments process. The Judicial Appointments Advisory Board, JAAB, could be doing a much more focused job, in terms of sending forward a smaller number of names for recommendation to the Government, which would thereby improve the process. Certainly, it is not appropriate, as the Chief Justice has suggested, that judges would replace politicians in appointing members of the Judiciary.

Finally, I call for a debate on Aleppo and Syria and the worsening situation there with the appalling attacks on hospitals and the deaths of children. The Russian ambassador appeared before the committee on foreign affairs last Thursday but we must maintain the pressure, so I seek a debate in the House with the Minister for Foreign Affairs and Trade to discuss what further pressure Ireland can put on Russia in respect of its engagement in the horrific bombing campaign against civilians.

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