Chief Justice Susan Denham has welcomed a call from the Council of Europe for Ireland's judicial appointments system to be reformed so as to prevent political interference.
In an audit of the State’s parliamentary, judicial and prosecution systems, the Strasbourg-based body said the process by which judges were chosen should be reviewed with a view to selecting the most qualified and suitable candidates in a transparent way “without interference from the executive/political powers”.
It called for the establishment “with due expedition” of a properly-funded and independent judicial council, and for a new structure in which to consider employment conditions of the judiciary.
Ms Justice Denham said the report was “highly significant” in calling for “robust structures of considerable importance to a democracy ruled by law”. She said the recommendations would enhance the capacity of the judiciary to perform its constitutional function of independently administering justice.
Trusted
The report found Ireland’s judiciary and the prosecution service to be among the most trusted public institutions in the country.
The report was also welcomed by Minister for Justice Frances Fitzgerald who said it showed the independence and professionalism of Irish judges was "undisputed".
“Some of the recommendations are already being addressed, such as the establishment of a statutory judicial council and the review of judicial appointments, and I look forward to making progress in these key reforms in the months ahead,” she said.
Misconduct
The proposed judicial council, which was promised by successive governments, is designed to promote high standards of conduct by judges and provide a means of investigating allegations of judicial misconduct.
Draft heads of the Judicial Council Bill are almost complete and are due to be published in January, Ms Fitzgerald said.
The Department of Justice has been carrying out a review of the judicial appointments since January, and draft heads of a Bill on that topic are due for publication in the first quarter of 2015.
Ms Fitzgerald said the objective was to ensure any new system was “open, transparent and accountable . . . and promotes diversity.” A submission to this review by the judiciary stressed that a key objective should be ensuring the best qualified candidates are appointed to the bench.
The report from the Council of Europe was prepared by its Group of States against Corruption (Greco) group, which monitors anti-corruption laws and practices in 47 Council of Europe member states, as well as the US and Belarus.
It also recommended that dedicated induction and in-service training for judges be institutionalised and adequately resourced.
