Bill appointing judges ‘unique and modernising’

Legislation to reform the way judges are appointed has been described as a "unique and modernising approach" by Minister for Justice Charlie Flanagan.

Introducing the controversial Judicial Appointments Commission Bill in the Dáil, Mr Flanagan said the legislation provided for a number of “very substantial changes which I believe represent a defining reform, providing for a modern, comprehensive statute providing exclusively for the process of judicial appointments in a transparent way”.

Mr Flanagan echoed the comments earlier of leas cheann Comhairle Pat “The Cope” Gallagher calling on TDs to be mindful of the separation of powers between the legislature and judiciary, and asking members to engage in a respectful debate.

Almost 10 hours have been set aside over three days for the Second Stage or introductory debate on the Bill championed by Independent Alliance Minister Shane Ross and part of the programme for government when Fine Gael went into coalition.

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Mr Ross was in the Dáil for the Tuesday evening debate, and will speak on Wednesday morning when the debate resumes.

Mr Flanagan highlighted the “integrity and professionalism of the Irish judiciary, and their contribution to Ireland’s modern democracy”.

He said there had been extensive consultation on the drafting of the Bill over the past 12 months, including with the judiciary.

Informed view

“Very substantial and significant elements of the legislation are consistent with the informed view of the judiciary,” Mr Flanagan said.

Provisions including recommending three persons to the government for an appointment, including serving judges in the process, and a prohibition on canvassing for a judicial position reflected key tenets of the judiciary’s position.

Judges have opposed a key provision of the legislation that the commission for appointing the judiciary will have a lay chairperson and a lay majority. However Mr Flanagan said “non-legal people, carefully and professionally selected by the Public Appointments Service who will now be part of the these selections processes as a very substantial cohort, will also bring a range of necessary additional life, user and citizen perspective, governance and selection expertise into the mix”.

The Minister said participating judges, “those with non-judicial legal experience and those with other areas or expertise and experience will work very closely and respectfully together under the guidance of the chair to reassure the people of Ireland that the best possible people are being selected for the bench”.

Realistic

Earlier Taoiseach Leo Varadkar told the Dáil it was realistic to expect that the legislation would get through the Dáil and "into the Seanad before the recess", but he did not want to see it rushed through.

He said the Bill had been in development for the past year, and had not been rushed thus far.

He pointed out that the having a lay chairperson of the selection commission followed international practice and was not unusual. “It is the case in England, for example, and it is also the case in Scotland, where there is an equal number of legal and non-legal members.”

He said it was also the modern way of appointing people to public office. “What this legislation is about is the process by which three names are put to the government.”