Michael McDowell: ‘Paycuts lowering quality of judge’

Senator Michael McDowell, a former minister for justice, has suggested that cuts in judicial pay have led to a reduction in the calibre of those on the bench.

He said a number of “economic factors’’ had led to a decline in the quality of judicial appointments in recent times.

“If we allow the quality of the judiciary to decline, we will suffer economically and internationally in the long run as far as our reputation is concerned,’’ he said.

Mr McDowell, a barrister, said Tánaiste and Minister for Justice Frances Fitzgerald should come before the Seanad "to deal with the fundamental question of how we keep excellence in judicial appointments as the first criterion for appointment''.

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Mr McDowell told the Seanad there was an increasing number of judicial vacancies and it would appear that legislation on the issue had not materialised.

“The court system is becoming increasingly overburdened due to the absence of judges and, most importantly, the outlook is very poor,’’ he added.

Concern

He said the role of Minister for Transport Shane Ross, who favoured a lay majority in the judicial appointments system, was causing grave concern.

More and more, he said, the line was being taken “that somehow our present judiciary is failing the country, is not of adequate quality, needs to be changed and is the product of cronyism’’.

He said it was sometimes stated that appointments should not be political.

“If this mean party political, I agree completely, but if it means political in the other sense I disagree fundamentally,’’ he added.

"The persons put on the Supreme Court are chosen for their outlook, their ideology, and by reference to a number of issues which are political in another sense.''

He said the function of making nominations fell to the government of the day.