A new way to impeach judges needed - Ahern

The Taoiseach has said he agrees in principle that there should be a new procedure for the impeachment of judges.

At Taoiseach's question time, Mr Ahern welcomed the report on the Judiciary by the All-Party Committee of the Constitution. The Government had not yet examined it, he said, but it seemed to be excellent and well thought out.

The crucial recommendations related to the establishment of a judicial council and the reform of the impeachment procedures, he said. Mr John Bruton, leader of Fine Gael, asked if Mr Ahern agreed in principle that there should be a new procedure for impeachment which would allow one House to investigate a charge made in another House of the Oireachtas, and to allow the judge to appear in any proceedings to defend his or her position.

The Taoiseach said the report addressed this whole area. The question had arisen last May. The answer was yes, he did agree in principle.

Mr Bruton said it seemed that what the committee had tried to do was strike the right balance between accountability of the judiciary and independence. When did the Taoiseach expect the report to come to the House with the Government's view?

Mr Ahern replied that he hoped it would be before the Government in January. It was a difficult area and a lot of time had elapsed since the original Article of the Constitution, 35 (2), which stated that judges should be independent. The courts were much larger and more complex now.

One issue that had to be carefully looked at regarding judicial conduct was whether there would be a lay element in the judicial council. It was a fundamental change. He could not argue against it.

Mr Bruton asked: "Would you agree that as a result of what was known colloquially as the `compo-culture', the courts are acquiring an ever-closer resemblance to a cross between a cattlemart and a stock exchange?"

Would he not agree that this was bringing the system of justice into disrepute?

The Taoiseach said there was grave concern on that particular issue. There seemed no end of new areas that were being thought up or dreamt up for the compensation culture and it was an enormously serious area.

He had seen a report giving a table where Ireland in 1980 had been at the bottom of the list for compensation and in 1999 we were fighting for top place - that was of major concern.