Sir, – Every civilised society needs a judicial system and a parliament that are independent of each other. This does not mean that in the judicial appointments process parliament does not have a role. There is a difference between independence and accountability, and nobody can be a judge in their own cause.
Furthermore, it is my view that the Attorney General of the day should not have a central role in the appointment of judges. The Attorney General may have to plead before these very judges and may return to practice in their courts. This could put him or her in an invidious position.
The people have to fund the courts system and this is done by way of taxes raised by Dáil Éireann. So there has to be accountability to the Dáil for spending connected to these essential public services.
In this regard, it would not in any way affect the separation of powers if the Dáil were to seek to determine what the optimal number of judges should be before additional judicial posts are created, and related spending commitments entered into. This decision should not solely rest with the Government nor should the judiciary be put in the potentially embarrassing position of having to make the case.
The Comptroller and Auditor General (C&AG) is an independent officer of the Constitution who, uniquely, reports directly to the Dáil. The Constitution confers on this high office the duty to audit government expenditure and to check that any monies the government seeks to draw down have Dáil sanction before they are released. Under the Constitution, the law allows, and there are precedents for this, that the Dáil may request the C&AG to take on additional responsibilities.
The number of judges has increased by increments over the years and should not be allowed to continue to grow in an unplanned way.
So that the number of judges we actually need can be determined, I believe it would be wise to ask the C&AG to examine the matter and report to the Dáil. – Yours, etc,
GAY MITCHELL,
Dublin 6.