Fine Gael has called on the Taoiseach to order an immediate investigation into "the very damaging leak" of the name of Mr Harry Whelehan as an applicant for a High Court position. The party's Justice spokesman, Mr Jim Higgins, said he was deeply concerned that the leak in Thursday's Irish Times served to undermine the confidentiality and independence of the Judicial Appointments Advisory Board.
The Bar Council of Ireland said yesterday that the publication of an article relating to judicial appointments in The Irish Times was a matter of substantial concern.
"Whether or not any person is a candidate for office must be solely a matter for the Judicial Appointments Advisory Board and ultimately the Government, who advise the President on such appointments," it said.
Speaking from Limerick, Mr Higgins said it was unfair both to Mr Whelehan, a former attorney general, and to the Judicial Appointments Advisory Board that his name should be bandied about in this manner. In this instance, it was all the more serious as the vacancy on the High Court bench that would give rise to his appointment had not yet arisen.
On the News at One on RTE, Mr Higgins added that, having spoken to two members of the Bar Council, he was afraid there would now be a major deterrent to people who would like to apply for judicial appointments. "I just hope that there isn't some hidden agenda here," he said.
He told The Irish Times that access to the documentation of Mr Whelehan's application was confined to the Judicial Appointments Advisory Board and the Government. He had no reason to believe that the board would have any reason for divulging the contents.
Asked if he was suggesting that The Irish Times had a hidden agenda, Mr Higgins said he was pointing to hidden agendas in Government in relation to past actions, particularly the events surrounding Mr Whelehan's appointment as president of the High Court in 1994.
Asked if as a Fine Gael spokesman he was supporting Mr Whelehan's current application to become a High Court judge, Mr Higgins responded: "Good Lord, no. I am not supporting Harry's appointment but asking the Taoiseach to investigate how the leak could have occurred."
The Bar Council, in its statement, said that the Judicial Appointments Advisory Board was set up to ensure that candidates of the highest quality were selected, and to remove judicial appointments from the political domain. In order for it to operate effectively and impartially, it was essential to preserve confidentiality regarding the identity of nominees at all stages prior to appointment.
The council pointed out that Section 20 of the Court and Court Officers Act, which provided for the statutory framework of the board, specifically provided for such confidentiality in order to protect the integrity of the procedure. To allow any breach of confidentiality would ultimately have the effect of undermining the ability of the board to operate effectively.
