The need for reform of the judicial system has never been more compelling. Following two decades of bad-tempered negotiations with various governments and three attempts at legislation, the State still lacks a disciplinary Judicial Council that can hold judges to account for improper behaviour. Impeachment by the Oireachtas is the only sanction available. It is a power that has never been used.
A Judicial Appointments Commission, designed to ensure a more independent and transparent system of selection was promised in the Programme for Government. But there is disagreement on whether it should have a non-legal majority. The establishment of a register of judicial interests is also being opposed.
These are separate issues. But, having campaigned for judicial reform in opposition, Independent Alliance Minister Shane Ross is pressing for early and significant change. In particular, his group are insisting that no further appointments can be made until legislation on a Judicial Appointments Commission is brought to the Dáil. He also favours a judicial register of interests.
Following intensive lobbying by the legal profession, Fine Gael has reservations about appointing a majority of non-legal members to the proposed commission. Fianna Fáil favours a legal majority there.
On this basis, any agreement within Government may not translate into effective Oireachtas action. As for transparency, most public servants and politicians are required by law to supply declarations of interests, so there should be no question of judicial exceptions.
Obstruction has served the judiciary well. It remains an elitist, inward-looking group that resists modern work practices, even as its remuneration levels have fallen. At this stage, self-interest should dictate a change of tactics.
Mr Ross may not yet represent a majority in Government, but he has the ear of the public. Much greater public information is required concerning the selection of judges, their professional suitability and their financial interests.
For his part, the Independent Alliance Minister should not stand in the way of necessary judicial appointments.