Government could still appoint new judges, Kenny indicates

Taoiseach Enda Kenny has indicated that the Government may appoint new judges if there is an immediate need to do so.

Independent Minister for Transport Shane Ross is insisting that no new judges are appointed until a new system for judicial appointments is implemented, as promised in the Programme for Government.

Speaking at a meeting of the British-Irish Council in Cardiff, Mr Kenny said judges need to be able to deal with all the work that comes before the courts.

Mr Kenny said the Government was “deeply” involved in establishing a new system for judicial appointments.

“As you know, we are involved at the moment in making arrangements for a different procedure for the appointment of judges, which is very important,” he said.

“Members of the bench and the judiciary are completely independent of the executive and that’s the way it should be.”

Mr Kenny said: "There is one vacancy in the Supreme Court which the Chief Justice has requested not be filled.

"There are none in the Court of Appeal or the High Court. There are a small number at the Circuit Court and others that will probably follow next year on retirements or whatever.

“So we are considering all of that and clearly we need a situation where judges are entitled to get on with their work in dealing with the many cases that come before them at all levels of the courts.

“So that is under consideration all the time.”

When asked if the Government is in a position to appoint judges immediately if the need arises, Mr Kenny said: “The Government will take a view on that.

“Obviously we need the judges to be able to do their job, but they are involved now, deeply, in setting out a new structure and procedure for the appointment of judges at all levels.”

Criticism

Earlier this week, Mr Justice Raymond Groarke, the president of the Circuit Court, sharply criticised the Government for the shortage of judges and said he cannot implement the law unless more are appointed.

The judge said he could not obey the “legislative strictures” governing some cases because of a shortage of judges.