Ross and Taoiseach discuss process for appointing judges

Taoiseach Enda Kenny and Minister for Transport Shane Ross met on Tuesday to discuss planned legislation on reforming the appointments procedure for judges.

However, different accounts of the meeting emerged from the two sides over whether Mr Ross’s recent comments about the judiciary were raised.

Mr Ross had said that judges lived “charmed lives” and were resisting reform, a charge vigorously rejected by the judges and criticised in the Dáil yesterday by Fianna Fáil leader Micheál Martin.

According to a Government spokesman, Mr Kenny spoke to Mr Ross yesterday about his comments on the judiciary.

The spokesman said Mr Kenny then went into the Dáil and said Mr Ross’s views “were personal and did not reflect the view of the Government”. He did not “disassociate” himself from Mr Ross’s comments again – as he had done last week. This was on Mr Ross’s request.

But sources close to Mr Ross disputed this account of the conversation and said the Taoiseach had not raised Mr Ross’s comments about the judiciary

but the two men had a brief and “agreeable” conversation about the forthcoming Judicial Appointments Bill.

This is the legislation, included in the programme for government at Mr Ross’s insistence, which will reform the appointments process for judges.

Mr Ross now expects to see the first draft of legislation published in the next two weeks. He had previously been assured the draft “heads” of the Bill – containing a summary of each section – would be published in November.

Mr Ross has said he will not consent to the appointment of any judges until the new legislation is in place.

There are currently five judicial vacancies in the courts, though officials expect several more in the coming year.

There is one vacancy in the Supreme Court, three in the Circuit Court and one in the District Court, according to the Department of Justice.

Judge vacancies

However, legal sources say a further seven judges of the Circuit Court are due to retire next year, while two vacancies will arise in the Supreme Court, with the retirement of Ms Justice Laffoy and then of Chief Justice Mrs Justice Denham.

Other vacancies will also arise in the High Court and the District Court in the course of the year.

The Government is also due to appoint a member of the General Court of the European Union, which process is already under way. However, it is understood Mr Ross was unaware of this, and it is unclear if he will block the appointment.

The Government also intends to publish the draft heads of a Judicial Council Bill in the coming weeks, which will establish for the first time a system of judicial oversight and support. The new system will also provide a means of investigating allegations of judicial misconduct, establishing a Judicial Conduct Committee which will have lay representation.

Mr Ross has also sought that a register of judges’ interests should be included in the Bill, which would require all judges to complete an annual declaration of their financial interests – as politicians are required to do – which would be available to the public.

Judicial bias

There is considerable opposition to this among judges, though it is understood they have proposed a register of interests be compiled and retained by the Judicial Council, which would be available on application by parties in a case who were concerned about judicial bias. Mr Ross does not believe this is sufficient, however.

Meanwhile, Mr Ross has disputed an Irish Times report yesterday which suggested he "insisted" on attending a meeting between representatives of the judges and Minister for Justice Frances Fitzgerald last week. He said he was invited to the meeting.