O'Malley says information on rights needed

It is important in the post-Sheedy era that citizens and public representatives are better informed as to their rights visavis…

It is important in the post-Sheedy era that citizens and public representatives are better informed as to their rights visavis members of the judiciary, Progressive Democrat TD Mr Des O'Malley has said.

Mr O'Malley was addressing the Burren Law School conference in Ballyvaughan, Co Clare, at the weekend.

"A judge is not accountable for his decision, but anyone is perfectly entitled to criticise that decision," he said.

"The apparent untouchability [of the judiciary] and assumed immunity from all criticism can and does lead in certain instances to a kind of administrative arrogance. Examples of this can be seen in the long delays in the system after a case is started and the reserving of judgments for lengthy periods, which in some cases have been known to be as long as two or three years after the hearing concluded.

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"A clear distinction should be drawn between the absolute independence and autonomy of a judge to decide a case by his own lights under the law and on the facts, on the one hand, and the actual administration of the courts and the legal system on the other hand, where there is accountability by judges even if there are rarely called to account."

Mr O'Malley also criticised the "unhealthy closeness" between the bench and lawyers, citing a decision by a High Court judge on an appeal on costs from the taxing master that "counsel's fees should be what the market will bear".

The desired balance between the executive, the judicial and the legislative branches had become distorted at the expense of the legislative, he said.

The legislature's standing and powers had been diminished in recent years, he said for reasons that included the excessive whip system and the media attitude of constant denigration.

Speaking on the relevance of Leinster House to Europe, the special adviser to the Taoiseach, Dr Martin Mansergh, said that broadly speaking Irish democracy was healthy and confident. Within the context of the EU, he said, federalism would not work without a larger budget.

"With a number of poorer states set to join it is fair to bet that the last thing the wealthier states, which will then include us, will want is a tightly integrated Union with comprehensive common policies, whereby it will take over responsibility for the welfare of the poorer countries.

"One of our greatest illusions in the 1970s was to believe we could sit back and enjoy the ride, that the Community would take care of our problems for us. We had a rude awakening in the 1980s. We are wiser today. Nobody is going to run our affairs for us."