The frustrations expressed yesterday by Chief Justice Susan Denham over delays in the establishment of a judicial council are understandable and quite justifiable.
The chief justice in her statement for the beginning of the new law term was clearly speaking for the entire judiciary in observing that it is “a matter of the most real concern” that a proposal that has been in gestation for two decades appears to have been downgraded in the Government’s legislative priorities – from a commitment in the last administration’s programme for government, the council’s establishment now ranks merely as in “also ran” in the Chief Whip’s list of “other Bills each Department plans to introduce in the long term”.
The Government’s lack of urgency on the issue”weighs heavily, both on relations between the Judiciary and the Executive, and on the State’s reputation internationally”, Ms Justice Denham writes, observing that the State is now in breech of a “mandatory” obligation to the Council of Europe to establish a council expeditiously. Ireland is seriously out of step with other common law jurisdictions and the overwhelming majority of EU member states.
The case for an independent judicial council has long been rehearsed in these pages. It would provide a representative body to articulate judges’ concerns and provide a means of dialogue with the executive, promote the independence of the judiciary and public confidence in the administration of justice, organise further education and training for judges, and investigate complaints against the judiciary. Such a council could establish a code of conduct for judges in respect of conflicts of interest and other integrity-related matters.
The Denham statement also adverts to the requirement from the Council of Europe “that the current system for selection, recruitment, promotion and transfers of judges be reviewed with a view to target the appointments to the most qualified and suitable candidates in a transparent way, without improper influence from the executive/political powers.”
The current judicial appointments system, as we have also observed here many times, is long due an overhaul.
The assurances from Tánaiste and Minister for Justice, Frances Fitzgerald, that the measures are in the pipeline are unconvincing. Like the cheque in the post.