Ross questions manner of judges' appointments

The most important qualification for the appointment of judges is “political influence or colour”, Independent TD Shane Ross has claimed.

During Leaders’ Questions in the Dáil the Dublin South TD questioned the way members of the judiciary were appointed and he claimed it was “almost impossible to dismiss a judge in this country”.

He questioned Minister for Social Protection Joan Burton about the procedures to appoint judges and asked: “Apart from the judicial appointments advisory board, are judges subject to interview or questions?”

He also said “we must take precautions to ensure judges have a past which qualifies them for the job and are not simply qualified politically”.

Mr Ross referred to a judge from the District Court being “convicted of a serious offence for the first time in the history of the State”, but he said he would not comment specifically on the case.

Ms Burton sought the advice of Ceann Comhairle Seán Barrett in dealing with the issue. He told her: “I would not go there.”

The Minister added that “it would be extremely unwise for me to comment in any way on the circumstances referred to by the deputy”.

Mr Ross had last week called for members of the judiciary to be obliged to publicly register their interests after a judge excused himself from a case linked to CRH because he had shares in the company.

“Unwise to comment”

Ms Burton said the Taoiseach had undertaken to discuss the issue with the Minister for Justice. She reiterated the separation between the House and the judiciary and said it would be unwise of her to comment in any detail on the court case.

But Mr Ross described her comments as “utterly ridiculous” and said he had specifically indicated he did not want a comment on the case.

He was asking “how District Court judges are vetted before they get the job”, and said it seemed the refusal of the Government to answer the question meant “the old political jobbery” was in place.

He said judges “do not have to be interviewed or answer specific questions and it is an advantage to have political affiliations”.

But the Ceann Comhairle intervened to say “we are straying into a difficult area”.

Mr Ross said he was simply asking that Ms Burton would “give an assurance that the Labour Party at least is committed to removing the naked appointment of judges from the political arena”.

The Minister said Mr Ross was well aware of the process for appointments. “There are certain conditions relating to qualifications and experience of those persons who apply.”