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Dublin: 6 °C Friday 24 May, 2013

Sinn Féin publishes bill to end ‘political appointment’ of judges

The Bill seeks to reform the way in which individuals are selected for appointments to the judiciary by the Judicial Appointments Board.

Image: Andrey Burmakin via Shutterstock

LEGISLATION PUBLISHED THIS week has sought to end the system of political appointees being made judges in Ireland.

The Reform of Judicial Appointments Procedures Bill 2013, tabled by Sinn Féin’s Justice Spokesperson Pádraig Mac Lochlainn TD, is designed to amend the way in which the Judicial Appointments Advisory Board operates in order to “increase transparency and accountability in judicial appointments”.

“Confidence in the justice system is contingent on a judiciary which is free from political control or political or other bias. It is essential that there is an independent and impartial judiciary which is representative of the community it serves,” said Mac Lochlainn.

Mac Lochlainn said that a “truly representative judiciary” would enhance confidence in the justice system, promote the development of a non-partisan judiciary, and therefore promote a culture of judicial independence.

He said that future judicial appointments should be drawn from a wide pool of qualified candidates that fully represent the community in order to “eradicate the corrosive and unaccountable system of patronage”.

“We cannot allow a ‘jobs for the boys’ attitude to permeate something so fundamentally important as the administration of justice in this State and this bill is one part of a range of measures that we intend to propose,” Mac Lochlainn said. “As well as increasing transparency and accountability in the appointment of judges, we also want to see a judicial council and complaints body that will hold judges to account, as well as a Code of Ethics that they should abide by.”

Read: Commission: Legal services are still too expensive in Ireland

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Comments (103 Comments)

  • Sinn Fein can’t do right for doing wrong in some people’s eyes. I for one, am delighted that they have published this bill. Any chance people will stop the innuendo about Sinn Fein and justice every time they speak on the subject? All political parties on this Island were born out of violence, should we not be happy that all parties have renounced now it and start looking at the contributions they can now make on a purely political level. As a nation we struggled to get the gun out of Irish politics, now we have largely succeeded so why carry on the endless bashing of Sinn Fein who were instrumental in it? That’s my two cents worth anyway.

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  • Oh lord it’s gas looking at the party supporters thking every opportunity to rubbish anybody’s views that differ to “the party” .

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  • At last,some one brings this issue forward! We all too often hear (for example in the recent Judges Pay referendum) TDs etc jump behind the “Separation of Powers” excuse!
    Well, it’s time for REAL Separation of Powers! We talk about bringing Politicians into court for the mess they brought Ireland into. But what good would that be if the politician may have effectively appointed the Judge!!
    “Impartiality” should be No1 in our judicial system. Well, when politicians appoint the Judges, complete impartiality cannot be guaranteed!
    I’m glad legislation is finally been brought forward on this! Gov or any other TD should have no reason to deny this bill. If they do,it will be further proof who they really represent! Enough “Jobs for the boys”!

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    • Political appointment of Judges means that party leaders can place their own members in the Judiciary. This has gone on for decades. Would the corruption of the Haughey years and following have continued if there were Judges that were not loyal FF members protecting the team. Course not.

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    • I think that it’s fair to say that corruption was so endemic in Irish political life and society that such cases were never getting in front of a judge in the first place. A judge can only judge on what comes before him or her.

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  • I’d be interested in knowing exactly what they were proposing to alter. The article doesn’t say what they would change and how and I don’t particularly want to have to read the entire bill. Any chane of a breakdown or summary, Journal?

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  • So a proposed piece of legislation is only sensible once the “right” group proposes it?

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  • Hope this goes through, one judge this week wouldn’t talk to Dave Hall because he is an ordinary citizen. They should be representive of people and not of people of standing only.

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  • SF lead the way yet again when it comes to reform of this rotten system….fair play.

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  • Confidence in Judges really?

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  • Why bother? Govt will vote down any bill good or bad simply because it wasn’t their idea.

    Because of the party whip system, when a govt has such a large majority, debates, introducing bills are all utterly futile exercises. They should put sheets over the benches in Dáil Éireann and turn off the lights until 2016.

    Waste of time and money

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  • For years certain groups of people (when it suits them) criticised Sinn Fein for living in the past, for not having credible policies …those very people are now the ones living in the past, refusing to move with the times as Sinn Fein have done, laughing at “the irony” whenever the party speak out against criminality and point blank refusing to even read policies that may very well benefit this country..From what I can see Sinn Fein are the ones who time and time again appear to be standing up for the people and putting a huge effort into coming up with sound policies.

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  • Id vote for SF over FF or FG!!

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  • Lads,
    I’m not a shinner supporter by any means but is really gets on my wick when I see the usual fools bring up the ” lets have a laugh at the shinner’s for mentioning anything about justice” comments.
    Remember, it’s less than 100 years since FF and FG were knocking shit out of each other in the aftermath of the rising and foundation of the state.
    Nelson Mandela , world hero or leader of the ANC who were doing a little terrorism of there own. What I am saying is , if someone denounces violence and commits to purely political means then they should be judged for there performance from that moment on. Maybe I’m a little idealistic for my view but if we go back a generation or 2 I’m sure we would find the grandfathers of Enda and Micheal and the boys clutching a rifle in the name of the cause.
    Remember Willie O Dea, he looked very comfortable with that pistol pointing it at a cameraman, maybe it was in the genes…….

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  • John 02/02/13 #

    Judges should not be appointed by political means. I had a case dismissed simply because it was against the state. The judge was known as a states man.

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  • O’Reilly, I am a member of Sinn Fein and I don’t want to forget anything! I know why we exist. I am not, nor never was, a supporter of the IRA. I do believe in the ideology of Sinn Fein. I want an independent 32 county Republic, achieved through purely peaceful and democratic means. I want to tell the unsecured bond holders to go suck a lemon. I want the nation to cherish its people, as it is obligated to do, not disregard them in favour of faceless, nameless gamblers who played a bad hand and still expect to be allowed play the game. I expect and demand my country to be looked after by patriots not lick arses! In the words of the late, great Luke Kelly, FOR WHAT DIED THE SONS OF ROISIN?

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  • do we really need millions for a luas to the airport or is there more urgent issues. buses work pretty much well there and back.. ???

    are theyre heliports in dail eireann for a make or break.. or you know reading opinions.. rather than being afraid to speak?

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  • Cylon 02/02/13 #

    I’d like to be a judge. “I am the law”. Ok it was robocop but I could say it too.

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  • And who will Sinn Féin appoint to this Judicial Appointments Advisory Board?

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    • I would say a cross party committee or else people without political affiliations who would appoint candidates based on experience and not on whose TD’s arse they kissed.

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    • David, I just checked your facebook page and under the “Inspirational People” section, you have Enda Kenny!! I’m struggling to type here, the laughter tears are rolling down my cheeks!! You’re some comedian, you really are!! Honestly David, sorry, just a sec till I compose myself…….sorry, I’m unable to stop laughing for long enough!!! TBC!!

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    • Reform the Seanad, elect the Senators and have a committee of Independents do the selection and appointing. Make a person, apply for a judges position, for a change and have it advertised like other jobs!

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  • Judges,justice Sinn Fein? Are they having a laugh?

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  • Is political interference a real issue? Aren’t judges selected from the same ‘gene pool’ so I’m not sure if an independent panel really would make a difference.

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  • Most people find any commentary from SF on justice hard to take. And that’s Sinn Feins problem, not the publics. You must have credibility & moral authority. SF have neither.
    That’s not to say the motion is right or wrong. People just don’t want to hear it from them…

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    • Some people you should have said

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    • No, most is fair comment. Most people see SF for what they are…

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    • Julie 02/02/13 #

      What is it that SF really are Reilly present day now ,what are they without bringing up the past will you tell me what they are doing wrong ?

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    • Julie, that you can get past the fact that the SF party and its some of its TD’s & members/ activists have blood on their hands speaks volumes. You keep asking what have they done recently cause your running from their past…

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    • Julie 02/02/13 #

      No I’m trying to get me and this country running towards the future. Yet again you didn’t answer my question. Yes maybe 4 were involved in the conflict out of a whole party. Can you just answer my question seen as I answered yours ? This is not my past, my past is FF destroying my country that is my past that is what they have done to my generation, what has SF done to my generation. If we keep dwelling on the past we will get no where only keep going around in circles Of FF FG and labour who have no clue how to stand up to the eu and insist on only inflicting cuts where they will hurt the most, most vulnerable in society!

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    • O’Reilly, as I have said, all parties were born out of violence. Labour, our oldest party, co-founded by James Connolly and incorporates the former Democratic Left which in itself contained elements of Sinn Fein. Fianna Fail and Fine Gael both born out of the war of Independence, one of the most horrendous and bloody wars ever fought on our soil. So that’s the very bloody history sorted, now can we move on and try put the country first?

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    • John, shinners just want people to forget everything. Bringing up the very recent criminal past is an inconvenience. But the reason they cant make any real headway as a party is because most people wont. You say move on. I say own up first…

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    • M Bowe 02/02/13 #

      10% of last election and constantly rising if current polls are any indication at all. So dismissing a possible 19% of the electorate as having no credibility or moral standing is a pretty arrogant stance.

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    • Bowe, were in the middle of the worst crisis the country has ever seen. And they can only manage 18-19%. An election would see that drop considerably. They are not credible on so many fronts…

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    • SF have more credibility than, FG/FF/Labour put together and i wouldn’t vote for them ever!

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  • with the current system so many are starving…. it needs change not the same as the last twenty thirty forty years.. and nobody wants to starve.. even if you know many are or needing help or food and begging for rations… theres many skilled people here workers builders those that didnt go to the bahamas or elsewhere.. college kids screaming for work and hospitals and nurses having to work abroad. paying money for ed and then going and left with few staff to look after needy or you know new employment inititiaves like restoration not degrading the people who stayed no matter how difficult or sensitive political issues are……….. why do they employ so many if there still getting things wrong as in people being evicted or left out side and not all scroungers or in a three piece.. skilled work. not import export or who says is suitable based on lab fg ff ,, independents are needed for without who would voice a contrary opinion .. or forced like the issue with emmet stagg last year………. so many people and told nah you cant claim or your not entitled and the ecb and debt crisis and bending over for the last few pennies..or cents or euros. some of the judges are atrocious and the government bodies spend a small fortune on the human rights aspect rather than carrying it through ..

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  • Sinn Féin want judges to be appointed by an unelected and unaccountable quango. When there is nothing wrong with the system as it stands, why do they want to tinker with it?

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    • What’s wrong Patrick, Finna Fail didn’t think of it first?

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    • Patrick. FF thrived on 3 things traditionally.
      1 .Doling out state contracts to friends.
      2. bob a job parish pump favours, ie tarmac on the road etc for the ordinary party supporter.
      3 Legal and Political protection for key donors and business friends who were crooked.

      The first 2 are non-runners due to FF not being in power and the 3rd is a problem if they are faced with an impartial Judge on the bench. You bet they are sweating over this.

      Reply
  • What? Judge jobs for ex-IRA only?

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  • Justice McGuinness Bill is more like it.

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  • It is always very easy to recognise comments by Sinn Féin/IRA supporters – they are either irrelevant or stupid or both irrelevant and stupid.

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    • Julie 02/02/13 #

      What was irrelevant or stupid about some of the comments made above?

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    • Always easy to recognise your comments Patrick, anti-republican. You’ve nothing to say about anything else. You’re a broken record Patrick, like so many of the heads-in-the-sand ff and fg supporters here.

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    • Patrick, Sinn Fein/IRA? What drugs are you on? The IRA no longer exist. That’s about as accurate as describing Fine Gael as fascist Blue Shirts. As I said above, Sinn Fein has left the gun behind them. I will not or could not condone violence by anyone but I do understand where it came from. Educate yourself, perhaps speak to residents of somewhere like Ardoyne, a small Catholic enclave, they would have been murdered in their beds were it not for the IRA at the time. As I said, I cannot nor would not condone violence by anyone, but those days are gone, stop living in the past and travel the new journey. The enemies of the people now wear suits and carry laptops.

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    • Not even the DUP use SF/IRA anymore!

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    • Brian, think I’ll start calling them FG/Blueshirts and FF/Plastic Republicans

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    • M Bowe 02/02/13 #

      @ Patrick And that broad sweeping statement really shows ur level of intelligence and revelance to any thread or discussion.

      Reply
  • On the plus side suppose it’s progress from SF members murdering judges, prison officiers, police officiers and soldiers

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  • People should try to research economic and social policy’s of SF before they go saying you’d vote for them. Given the chance they’d rape you for every penny you have, more so then our current Gov.t. Just look at how they work in the north.

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    • Now Sean, you’re being overly hopeful there expecting the average Shinner voter to have a brain or for that matter care about anything but the size and frequency of their next state handout

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    • It says a lot more about you and your party (FF) Stephen, that FF would object to common sense approaches likes this, and attack the messengers, rather than address the symptom, like cronyism, job for the boys, back-handers etc… just making an observation that FF have not changed their attitude one bit to he Irish people, even after spending millions on trying to revise their history… They say they have changed their corrupt ways, but come out fighting against anyone who trys to prevent current and future corruption.
      Well done FF…… Party of treason, but wont go down without a fight !!!

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    • Stephen a terribly ignorant comment …considering a government obviously out to feather their own nest with perks, salaries and massive pensions…at the expense of the state!!

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    • and maybe Sean should research the amount of input a party has into the economic policies in the 6 counties before using that tired argument?!

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    • Sean is spot on, SF offer nothing but perpetual, populist protest, where in the South they object to the very policies their Northern cells happily implement

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    • Stephen, once more, i ask you … are you challenging the message, or the messenger? If you had come out and said,….

      While i dislike SF … i agree with their message …..
      then….
      I c ouldnt argue with you….

      But all your rebuttals are … i dont like the message, so i dont like SF,..;….

      So, you thin another 14 years of your party in Government is all that is need to put the country right … or am i missing something from your response?

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    • Your ignorance of how economic policy is made in the UK is astounding. Your use of the word ‘rape’ in this context is just offensive.

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    • its laughable when a party aspires to improve the conditions of this state and they get slapped with the “populist” tag..its popular because people agree with it! and yes it is perpetual ..and consistant..unlike the election time promises that got parties into goverment only to be broken over the backs of the people..and as for economic situation in the north, you obviously dont understand how much say elected parties have when it comes to finance.

      Reply

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