Legislation updating judicial appointments to be published this year

Legislation reforming and updating judicial appointments procedures will be published later this year, Minister for Justice Frances Fitzgerald has said.

“The review and reform of this area, which is critical to the functioning of our system of justice, provides an opportunity to determine what type of system can best respond to the expectations and needs of a modern state,’’ she added.

She said a judicial council with lay representation, as promised by the programme for government, would provide an effective mechanism for dealing with complaints against judges.

The Judicial Council Bill, which was being drafted, would give effect to that commitment, Ms Fitzgerald added. She was replying to Independent TD Mattie McGrath who said he was particularly dissatisfied with the handling of cases in the financial courts involving the repossession of people's homes.

“We have seen recently that courts have been cleared of members of the public who had come in to help ordinary people who could not afford to pay for legal representation,” Mr McGrath added.

Ms Fitzgerald said separation of powers was very important. Judges acted as they saw fit and had full independence in doing that. “Obviously, my responsibility is in the policy area. I am responsible for bringing in appropriate legislation.”

Mr McGrath said he was not making a blanket criticism of judges. “I am saying there are serious question marks over some business in the financial courts.”