Government condemned on failure to appoint judges

Delays in passing legislation to enable the apppointment of new judges means some rape cases will not be heard for three years…

Delays in passing legislation to enable the apppointment of new judges means some rape cases will not be heard for three years and the Flood Tribunal will be held up, opposition parties claim.

Labour says the Taoiseach and the Minister for Justice have "conspired" to delay the workings of the Flood Tribunal by including the appointment of three new judges to the inquiry in a more general Bill covering the appointment of new court officers.

Fine Gael claims the delay to the passage of the Courts and Court Officers Bill, 2001, will mean some rape cases will not be heard for three years.

The Bill’s first reading was last March but it will only come before the Dáil for a second reading next Friday. With just six Dáil days likely before the General Election, there are fears there may be insufficient time for the legislation to be passed.

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The slow pace of the Bill’s movement through the Oireachtas prompted Mr Justice Flood this week to write to the clerk of the Dáil expressing his concern that matters unrelated to the appointment of the judges were holding up the new appointments to his inquiry.

Mr Justice Flood’s letter appeared to agree with Labour’s suggestion that separate legislation could be used to appoint the three new Tribunal judges. Fine Gael is demanding the Bill be prioritised were ignored by the Government, the party’s Justice spokesman, Mr Alan Shatter, claims.

Labour spokemsan on Justice Mr Brendan Howlin said: "We waited the best part of the year for the Government to respond to Justice Flood's initial request for additional judges. Having finally found candidates the Government has now delayed their agreed appointment to the bench in a manner that is difficult to construe as anything but deliberate.

"It would appear that Justice Flood is rightly annoyed at what can only be described as malevolent behaviour on the part of the Government".

Fine Gael’s Mr Alan Shatter says the Bill is also needed for the appointment of much-needed new judges to deal with the backlog of court cases. He expressed particular concern over rape cases.

"The Minister for Justice is entirely to blame for the delays that have occurred," Mr Shatter said. "The disgraceful treatment of rape victims must be reversed and provision be made for the appointment of additional judges immediately," he continued.

Government Chief Whip Mr Seamus Brennan yesterday insisted the problems over taking the Bill before the dissolution of Dáil would be overcome.