Sunday Independent (Ireland)

Fresh rift as Ross claims judge ‘over’ political line

High Court President lashes minister’s reform

- Philip Ryan Political Correspond­ent

THE burgeoning rift between the Government and judiciary escalated last night as transport minister Shane Ross said the President of the High Court “entered the political arena” by attacking his Judicial Appointmen­ts Bill.

Mr Ross’s comments followed Mr Justice Peter Kelly describing the minister’s reform of judicial appointmen­ts as “ill advised” and “ill conceived” at a Bar Associatio­n event last Friday evening.

The prominent High Court judge said the Government was pushing through legislatio­n with “undue haste” compared to other laws which he believed should be prioritise­d.

Mr Justice Kelly’s attack comes as the Dail this week prepares to debate the bill which is aimed at bringing an end to political patronage in the appointmen­t of members of the judiciary.

Speaking to the Sunday Independen­t, Mr Ross said he was “sorry” Mr Justice Kelly “entered the political arena” with his comments on the bill.

“I have huge respect for Peter Kelly as a judge, but he is mistaken in his belief that the bill is being rushed,” the Independen­t Alliance minister said.

Minister Ross said his reforms of judicial appointmen­ts have been “several years in preparatio­n”. He said “all judges are currently politicall­y appointed” and insisted his bill would “finally end this rotten system”.

“The removal of the scourge of political patronage from the choice of judges cannot come a day too early,” he added.

Mr Justice Kelly, who is widely experience­d and highly regarded, would have some support in challengin­g Mr Ross’s proposals.

The bill creates a body for appointing judges which will have a majority of non-legal members and the chair will also not have a legal background. The Government has committed to passing the legislatio­n before the summer recess. Fianna Fail refused to support the legislatio­n but Mr Ross hopes to pass it with the support of Sinn Fein and a number of Independen­t TDs.

Fianna Fail’s justice spokes- man Jim O’Callghan urged the Government to “listen carefully” to Mr Justice Kelly’s comments, rather than “rushing through bad legislatio­n to appease” Minister Ross.

The row between Mr Ross and Mr Justice Kelly comes at a time of heightened tensions between the judiciary and politician­s.

The controvers­y surroundin­g the appointmen­t of former Attorney-General Maire Whelan to the Court of Appeal last week led to criticisms of political leaders from the country’s most senior judge,

Chief Justice Susan Denham. In a speech, Ms Justice Denham reminded politician­s of the separation of powers between the judiciary and government.

“The separation of powers in the State means that each great organ of State has its own specific powers,” she said. “It is a system of checks and balances and inevitably the courts make decisions on the actions of other branches of government.”

Her comments followed a clash between Taoiseach Leo Varadkar and Fianna Fail leader Micheal Martin over Ms Whelan’s appointmen­t. Mr Martin suggested the former Attorney-General would not be the same standard of judge as some of her predecesso­rs.

 ??  ?? BILL NOT RUSHED: Minister for Transport Shane Ross
BILL NOT RUSHED: Minister for Transport Shane Ross

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