Sir, – Minister for Transport Shane Ross has described the system of judicial appointments by government as “an outlet for political patronage” and has pledged to delay the appointment of new judges until an independent appointments body is established. Given that this will take some significant time, the Minister’s position is likely to exacerbate the already significant delays in our under-resourced court system.
The Minister’s concerns regarding our system of judicial appointments are misplaced, for a number of reasons.
First, since judicial appointment almost always involves a significant reduction in income, it is curious to describe judges as beneficiaries of “patronage”.
Second, although previous political affiliation is a factor in many judicial appointments, it is rarely the sole or decisive one.
Third, it is fair to say that many of our most political judges have been among our best: names such as Hugh Kennedy, Cearbhall Ó Dálaigh, and Thomas O’Higgins, all great chief justices and important political figures, immediately spring to mind.
Fourth, if judges were mere political hacks, as the Minister implies, and to take just two examples, how does he explain the fact that the late Supreme Court judge Adrian Hardiman (a Progressive Democrat) precipitated one of the most significant crises of the Fianna Fáil-Progressive Democrat era by striking down Ireland’s statutory rape law, or the fact that Fianna Fáil appointees, in the 1970s, struck down Ireland’s ban on contraception, when that was not a course which would have pleased those who appointed them?
While our system of judicial appointments doesn’t necessarily work in theory, it has worked in practice.
Ireland has been well served by her judges, the overwhelming majority of whom have been men and women of conspicuous integrity, dedication, and ability, who have acted with scrupulous independence in the discharge of their duties.
There are more productive uses of the Minister’s time than exacerbating the already significant delays in the courts by engaging in political grandstanding on a non-issue. – Yours, etc,
Dr STEPHEN BRITTAIN,
School of Law,
University of Limerick.
Sir, – The chairman of the Bar Council, Paul McGarry, confidently asserts that judges in the UK do not make law ("Do not take the independent Irish judiciary for granted", Opinion & Analysis, November 24th).
From this fragile platform, he launches an attack on those politicians and media who do not share his benign interpretation of the role of the judiciary.
The question of judicial law-making in the UK is not at all as clear-cut as suggested by Mr McGarry and indeed has been the subject of considerable debate in that jurisdiction. For instance, Lord Denning, arguably the most celebrated judge of the 20th century, stated that “judges do every day make law, though it is almost heresy to say so”. In a similar vein Lord Reid noted that as we do not believe in fairy tales anymore “we must accept the fact that . . . judges make law”. Lord Radcliffe noted that “There was never a more sterile controversy than upon the question of whether a judge makes law. Of course he does. How can he help it?”
Is Mr McGarry, to borrow his own phrase, resorting to lazy statements of fact about the judiciary? – Yours, etc,
LARRY POWER,
Ballincollig, Co Cork.
Sir, – Minister for Transport Shane Ross seems to be spending an inordinate amount of time and effort on an issue unconnected to his portfolio. I hope the voters that chose Mr Ross are taking note. Transport is a portfolio that needs a full-time Minister. Perhaps a more seasoned politician would be in order. – Yours, etc,
WILLIAM
MONTGOMERY,
Ballsbridge,
Dublin 4.
Sir, – Mr Justice Raymond Groarke said he could not obey the "legislative strictures" because of a shortage of judges ("Judge voices frustration with Government", November 20th). Minister for Transport Shane Ross is quoted as responding that "a senior member of the judiciary would not normally be expected to disobey the law of the land". I am reminded of the ruler who abolished gravity and then became perplexed when everything fell down on him. – Yours, etc,
PAT MURPHY,
Greystones,
Co Wicklow.
Sir, – I note that the Minister for Transport, Tourism and Sport met the Taoiseach this week to discuss procedures for the appointment of members of the judiciary, following his prior comments regarding his dissatisfaction with the process. This week, I have been somewhat dissatisfied with both the reliability of public transport in Dublin, and the continuing lack of investment in infrastructure for cyclists within the capital. I hope that Mr Ross will soon return his attention to the portfolios assigned to him, or does he wish to relieve the Minister for Justice of hers? – Is mise,
ALAN J BRODERICK ,
Rathfarnham,
Dublin 14.
Sir, – With respect to our learned judges and distinguished parliamentarians, shut up and start listening. – Yours, etc,
ANNE BYRNE,
Bray, Co Wicklow.
Sir, – Is it beyond the wit of the Government to agree interim procedures for appointment of judges pending a new act? Currently a panel of seven suitable persons is submitted to Government, which may still select someone not on the list.
Can they agree not to go outside any list proposed as an interim measure? Or even agree a shorter list from which it would agree to select a judge ?
The current impasse seems no more than political grandstanding and is ridiculous. A bit of common sense, please. – Yours, etc,
VINCENT MURPHY,
Cork.