Taoiseach Enda Kenny has rebuked Minister for Transport Shane Ross over his remarks criticising members of the judiciary.
Mr Kenny dissociated himself from Mr Ross's comments after Labour leader Brendan Howlin highlighted remarks the Independent Alliance Minister made in a number of statements including that the judiciary led a "charmed life", that "they might forget their constitutional oath" and that "judges have a blank cheque to declare nothing".
Mr Ross has also referred to the judiciary as a “protected citadel”, Mr Howlin said.
In the Dáil Mr Howlin described Mr Ross’s remarks as the “most aggressive attack” he could recall by a Cabinet member on the judiciary.
The Labour leader asked Mr Kenny: “Will you publicly dissociate yourself from comments by your Minister which clearly cross the appropriate line between the executive and the judiciary.”
The Taoiseach said he had the “utmost respect for members of the judiciary, and I always have had that”.
“I do not accept that members of the judiciary would forget their judicial oath in respect of decisions that they make, and in respect of that I dissociate myself from the remarks of Minister Ross.”
Interests
Mr Howlin said he did not disagree with Mr Ross on everything, and that a register of judicial interests was a good idea.
Mr Ross has said on a number of occasions that he wants judges to be obliged to sign a declaration of their interests, and he has called for the proposed independent judicial council to appoint judges to be made up of a majority of lay people.
However, Mr Howlin opposes the demand on the composition of the judicial council. “The notion he is determined to drive that only a lay majority should appoint judges is bizarre,” the Wexford TD said. “Would Mr Ross agree to undergo surgery by a surgeon appointed by a panel of stockbrokers or journalists?”
He said “doctors, engineers, architects, academics – all are appointed by panels comprising a majority of experts in their relevant fields”.
Legal expertise
Mr Howlin said being a judge required legal expertise, and asked Mr Kenny “will you confirm the value of a lay minority in the selection of judges and the majority should be made up of experts who have experience of how the judicial system works”.
The Taoiseach said that “at the end of the day the Government makes appointments on the recommendation of some group, council or whatever”.
He said “the balance to be got right here is having expertise from both sectors – from the legal profession and from life” – who could decide who to recommend for consideration to be appointed by the Government.
He was sure that judges were aware that in superior court cases up to the Supreme Court and even European Court, cases had been overturned.
“I do not have much association with members of the judiciary. I expect them to do their job fully and in the best interests of the law of the country they serve.”
