Letters

Judicial appointments

Ireland’s democracy and court backlogs

Thu Dec 14 2023 - 01:10

Sir, – Michael Mc Dowell (“Judicial Appointments Act may be deemed constitutional, but it is still a dog’s dinner,” December 13th) is right.

Nemo iudex in causa sua, as a doctrine, should have more generously informed the Supreme Court in its consideration of this Act.

In 1937 our Constitution was drafted when the separation of powers of government were being breached, with horrific consequences, in Germany, Italy and elsewhere. This separation needs to be respected if Ireland’s democracy is to function properly.

The Executive is weakened by more and more power being exercised by the taoiseach of the day, as well as the three leaders of parties in Government. There is collective responsibility of Ministers but not collective decision-making.

READ SOME MORE

The appointed Citizens’ Assembly is spoken of as if a parliament in its own right.

The President regularly blurs the constitutional line between the Houses of the Oireachtas, the Executive and his own office.

The Privileges committees of both Houses should consider appointing a rapporteur to report regularly on intrusions upon the Oireachtas by the other institutions.

The convention that the president is not mentioned in either House needs to be revisited.

Authorities, tribunals and reviews are mostly judge or lawyer led. Why? There are many other professional bodies and associations whose members are capable of this work. And, dare I say it, many former public representatives who could be put to work.

We are tolerating an unspoken acceptance that the President and the courts are not only superior institutions to the Dáil, Seanad and Government, but are not even to be questioned or criticised.

We need more people in the Houses of the Oireachtas to follow Senator McDowell’s example and stand up for the maintenance of democracy by insisting that each institution stays within its own constitutional role.

Consideration should be given to repealing this Act. – Yours, etc,

GAY MITCHELL,

Former TD and MEP,

Dublin 6.

Sir, – I gather that Minister for Justice Helen McEntee has warned that court backlogs must decrease before the next big tranche of judicial appointments shall be made.

I note your correspondent Fintan O’Toole’s concerns (“Referendum wording does not remove conservative 1930s doctrine. It reinforces it,” December 12th) about the worthiness of the proposed constitutional amendment to Article 42.

Perhaps the Minister might take this opportunity to introduce a constitutional amendment that provides for the appointment of part-time judges. Thus backlogs and speciality deficiencies could be readily addressed.

It would have the advantage of permitting the Judicial Appointments Advisory Commission to consider if a part-time judge has demonstrated on the bench the qualities that would recommend her/him for a permanent appointment.

Naturally, I await Mr O’Toole’s views on any such amendment with interest. – Yours, etc,

J T R Mc COY,

Law Library,

Four Courts,

Dublin 7.