Call for judicial council to deal with complaints against judges

The Irish Council for Civil Liberties (ICCL) has called for the setting up of a judicial council to deal with complaints against judges.

The recommendation is made in a new report, Justice Matters, which calls for a range of other measures, including greater transparency around the judicial appointments process, action to render the judiciary more reflective of the diverse nature of modern Ireland and more training for judges.

An increase in the number of District Court judges, the digital recording of District Court hearings and a review facility in the Supreme Court for people refused leave of appeal in the High Court are also proposed.

The report, in a review of the independence of the legal system, claims that the Government and the Oireachtas has been "chipping away" at the judiciary's role in criminal matters by shifting power to the Garda and the executive. However, it says that in the main, there are sufficient legal provisions protecting the judiciary from external pressure.

Complaints against judges have not been processed quickly enough, according to the research. The Government's handling of such complaints is criticised, as is its failure to legislate in this area.

The report suggests politicians should be banned from making statements outside the Oireachtas "that might appear to undermine the independence of the judiciary".

Fourteen sitting judges and two retired members were interviewed in the preparation of the report, which was published yesterday.

Mark Kelly, director of the ICCL, said the report provided a fresh assessment informed by the views of judges themselves, of the extent to which the judiciary complied with international human rights standards on independence and accountability.

"It is vital that judges be independent but - as they themselves recognise - this should not mean that they cannot be held to account."

Political affiliation "can still play a part" in judicial appointments, despite recent reforms, the report suggests. The number of people on short-lists sent to government for judicial appointments should be cut to three from the current seven.

Personal bias among judges is "very rare" although a small number have made racist or sexist comments.

The judiciary is not reflective of society, the report says. Future appointments should be made on criteria that are "transparently meritocratic and precise" and changes should be made to help increase the number of judges from minority backgrounds.

A new code of ethics would oblige judges to be aware of the diversity of society and differences linked with background, particularly racial origin.

The research was guided by an expert advisory group chaired by Aileen Donnelly SC and including former Supreme Court judge Donal Barrington.