Chief Justice Susan Denham was right to warn last week that failure to establish a judicial council to deal with inappropriate conduct by judges is affecting the standard of the administration of justice in Ireland. The need for such a body was formally identified 15 years ago. But the delay has been as much the fault of judges as politicians. Herding cats at a crossroads comes to mind. An outline Bill, involving lengthy negotiations, fell with the last government. The same fate may befall the present legislation which has been criticised as being weak and secretive.
The separation of powers under the Constitution and the absence of a disciplinary code within the judicial system means the only penalty for judicial misconduct involves removal from office. That sanction requires resolutions by both Houses of the Oireachtas and has never been used.
Four years ago, interactions between Government and the judiciary became poisonous arising from a promised referendum to reduce judicial pay and pensions and a proposal to grant quasi-judicial powers to Oireachtas committees. A determination by former minister for justice Alan Shatter, on the urgings of the EU-IMF troika, to shake up the legal system and provide consumers with better value for money added to the pressures. The Legal Services Reform Bill brought virulently resistance from both the Law Society and the Bar Council. Relations with the Government improved when Frances Fitzgerald introduced a number of amendments to the Bill, while, on the judicial side, a Court of Civil Appeal was established and measures taken to deal with a backlog of cases. A further area requiring reform is the method under which judges are appointed. As things stand, these appointments are innately political. And while Ms Fitzgerald has talked about making progress on the issue, political appetite in Government has waned as the election nears.
The turgidity in approach to these complicated but extremely important issues reflects not just resistance within the legal profession but a dog-in-the-manger attitude by Government. The public deserves a whole lot better.