Register for judges needed as they ‘might forget their oath’, says Shane Ross

A declaration of interests is needed for judges because they "they might forget their oath" of office to administer justice without fear or favour, Minister for Transport Shane Ross has said.

The Independent Alliance TD said judges led a “charmed life” as they could not be removed from office so there was a need for a more stringent regime.

He told RTÉ's Morning Ireland that judges should make an annual declaration of interests. "Every year should be sufficient; it would be publicly inspectable and would protect them too".

Mr Ross mentioned a recent high profile case in which a judge had to remove himself half way through the case when it emerged he had shares in the company involved.

He said there would be resistance from the judiciary to the initiative but "certainly I don't see any resistance at the moment from the politicians. Fine Gael haven't said yes or no, they're looking at it".

On being asked why the current oath of office for judges was a not sufficient safeguard, he replied “they might forget their oath.”

The oath reads: “In the presence of Almighty God, I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me.”

Mr Ross described a recent bill on judicial appointments published by Fianna Fáil justice spokesman Jim O'Callaghan as "an amazing step forward" but he didn't agree with replacing the appointment structure with a legal majority.

“That would be replacing political insiders with legal insiders appointing their friends.”

Mr Ross, who was an outspoken critic in Opposition of the manner of judicial appointments, has been criticised by Fianna Fáil for blocking such appointments now that he was a Minister pending the establishment of an independent body with an independent chair and a non-legal majority.

Mr O’Callaghan said last month that delays in judicial appointments were unacceptable and would result in people not having their cases heard.

But Mr Ross insisted judges “need to be more transparent. There needs to be a more stringent regime. They can’t be removed. A judge has never been removed.

“There’s always been massive resistance to change from the judiciary. They’re not used to being questioned.”

On the issue of a register of interests, Mr Ross continued: “If they’re making judgements on issues and say they hold property, or they’ve received gifts, or they hold land, or they hold shares, and they have a conflict of interest - we don’t know anything about it, they never declare those interests.”