The courts are, subject only to the Constitution and the Law, independent in the exercise of their judicial functions. That independence excludes any action by the Executive which could be interpreted as direct interference in the exercise of those judicial functions including imposing a training or briefing programme on the Judiciary.
Our system of recruitment to all levels of the Judiciary is based on the concept of bringing in people who are experienced and trained legal practitioners and on appointment judges can generally be expected to have a fairly wide knowledge of the law and its application. However, it is acknowledged that this training and expertise may not always be sufficient, for example, in relation to crimes of sexual violence. Recent legislation, the Courts and Court Officers Act, 1995, introduces a number of measures to facilitate training for the Judiciary. It enables me to provide funds for judicial training courses arranged by the Judiciary and also provides that persons wishing to be considered for judicial appointment must agree to undertake training courses following their appointment. The provisions of the Act enable the Judiciary to promote judicial training in every way possible.