Standoff between Ross and Fine Gael over new laws on judges

Promised legislation on appointment and conduct of judiciary has been delayed

New laws covering the appointment and conduct of judges have been delayed amid disagreement between Fine Gael and Independent Alliance Minister Shane Ross.

On Monday night, a spokeswoman for the Alliance said Mr Ross and the Alliance looked on the delayed Bills “as a matter of urgency” and said they “see no reason for any delay”.

Mr Ross has said he will not agree to the appointment of any new judges until a new process for choosing and vetting judges has been established in law.

The Department of Justice has said it is working on a new Bill on judicial appointments and had previously said it would publish the heads of the Bill this month.

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But the department could not say when the heads would be produced, and some sources suggested it is likely to be delayed until next year.

There is considerable opposition to the Bill – which will see a new commission with a non-legal majority choose candidates for the bench – among judges, the legal profession, Fine Gael and the Department of Justice.

A spokeswoman for the Independent Alliance citing information supplied from the Department of Justice said the Bill involved “complex legal and constitutional questions which will require careful consideration, further consultation and teasing out into the most appropriate measures. The Tánaiste intends to finalise a general scheme of the Bill and bring it before Government for approval at the earliest opportunity”.

The department is also preparing a Bill on a judicial council, which would oversee the work and conduct of judges. Mr Ross has said he wants this Bill to include the requirement of a register in which judges would be required to declare their financial interests.

Strong opposition

But there is likely to be strong opposition to the proposal from the judiciary, and Fine Gael sources said there was no agreement to compel judges to disclose their interests. The heads of the Bill are some way off completion.

A spokeswoman for Mr Ross issued a similar statement about the progress of the Judicial Council Bill.

The Bill will provide for a judicial council and board that “will promote excellence and high standards of conduct by judges”, the department said.

On Monday, Mr Ross said a register of interests was necessary for judges as they might “forget” their constitutional oath to hear cases impartially.

Fianna Fáil justice spokesman Jim O'Callaghan described Mr Ross's assertion as "an extraordinary and unjustified attack on the judiciary".

“If Minister Ross is concerned about judicial standards, he should ask Government to bring forward legislation on establishing a judicial council, as has been sought by the judiciary, rather than making ill-judged comments on the radio,” he said.

Pat Leahy

Pat Leahy

Pat Leahy is Political Editor of The Irish Times