Judicial impeachment proposals criticised

The Government has been accused of trying to make it more difficult to dismiss a judge in the forthcoming referendum on judicial…

The Government has been accused of trying to make it more difficult to dismiss a judge in the forthcoming referendum on judicial impeachment, due to be held in May.

Labour Party deputy leader Mr Brendan Howlin has called for an urgent meeting with the Minister for Justice, Mr O'Donoghue, to discuss the Government's plans. He will be asking the Minister to withdraw his "ill-thought out, restrictive and deeply flawed proposals".

The proposals change the legal position so that instead of 50 per cent plus one member of the Oireachtas being required to impeach a judge, over two-thirds would be required.

Mr Howlin said the Government had been rushing. "It is astounding, in the aftermath of last year's crisis in the judiciary arising from the O'Flaherty affair, the Government should be bringing forward a constitutional amendment that further restricts the powers to dismiss a judge, but that is what they are doing."

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Mr O'Donoghue responded yesterday saying Mr Howlin had had not given enough thought to his observations. A spokesman for his Department said the two-thirds majority requirement was "critical". "The Constitutional Review Group considered it was wrong that the removal of a judge would be decided by a simple majority, because a Government could use their majority in the Oireachtas to remove a judge for partisan reasons. That's why the Government opted for a two-thirds majority here," he explained.

Mr Howlin also said the Bill extended the constitutional impeachment procedure to judges in the District and Circuit Courts. "This is directly contrary to the recommendations of the Constitutional Review Group. Despite the events of last year, the Government wish to reduce the limited judicial accountability that currently exists.

"Under the Government's proposals, every District Justice would have the same constitutional protection as Uachtarain na hEireann," said Mr Howlin.

However, the Department spokesman said the security of tenure of these judges was protected under the Constitution and no government could bring in legislation which would affect that.