Minister for Transport Shane Ross has appealed to Fianna Fáil to support the Judicial Appointments Bill and end political patronage in the appointment of members of the judiciary.
The Dáil will spend three days next week debating the proposed legislation, which will overhaul the appointments system, in an effort to ensure it passes before the summer recess.
A Minister said the legislation has been expedited to ensure there was no repeat of the controversy surrounding the appointment of former attorney general Máire Whelan to the Court of Appeal.
“There was a lack of enthusiasm surrounding this legislation. Now there is almost a relief that is there to fall back on. It offers a solution to a political problem and some cover from the ongoing controversy.”
The Bill will create a new body with a majority of non-legal members, headed by a non-legal chair. It will select a ranked shortlist of candidates for the bench. The government will retain the final vote in the selection process. There remains significant opposition to the Bill from some parts of the judiciary.
Mr Ross said he was confident of its passage before the summer recess, and urged Fianna Fáil to rethink its opposition. However the Minister declined to comment on reports of a dispute with Taoiseach Leo Varadkar last weekend.
It has emerged the two had a lengthy disagreement on the procedures surrounding Ms Whelan's appointment to the Court of Appeal on Sunday evening. Ms Whelan was appointed by President Michael D Higgins the next morning.
Priority
It is understood Mr Ross considered withdrawing from Government in the dispute, accusing Mr Varadkar of dictating the outcome to the Independent Alliance.
Mr Ross told The Irish Times his priority was to ensure the Bill received maximum support, and urged all parties to ensure it proceeds.
“I would make a direct appeal to Fianna Fáil to accept the Bill and end decades of political patronage and end decades of complaints surrounding judicial appointments.”
Fianna Fáil will not support the legislation, insisting a judicial board should be chaired by Chief Justice Susan Denham.
Sinn Féin has confirmed it will support the progression of the Bill but will be seeking to make a number of small amendments. The party’s justice spokesman, Jonathan O’Brien, said he believed the lay majority and lay chair were a necessary improvement.
Mr O'Brien told The Irish Times the board should be more representative and should include someone who has first-hand experience of the judiciary.
Complaints
“The events of the past few weeks and the appointment of Máire Whelan to the Court of Appeal only highlight the need to change the way judicial appointments are made.
“We also believe this should coincide with proposals to allow for complaints to be made against members of the judiciary. But we will be supporting the Bill regardless because we agree with the overriding view that the political process should have little or no say in the appointments of judges.”
The Bill has the support of Fine Gael, Independent Alliance, Sinn Féin and a number of Independent TDs.
