I reiterate my regret that I was not in a position to attend the Seanad discussion on this matter on Thursday, 29 April. I am grateful to my colleague, the Minister of State, Deputy Moffat, for attending on my behalf. I assure Senators that my attention has been drawn to the contributions made in this House on that occasion. As is usual, many pertinent observations and comments as well as constructive proposals were made by Senators. Equally, many probing questions were raised.
A number of Senators expressed their concerns that fair procedure and due process may not have been properly followed in the various inquiries conducted into the circumstances of the case. Senators observed that the persons concerned were forced to resign by virtue of the conclusions reached in the reports of the Chief Justice and my Department. I understand how such an observation can arise. Nevertheless, from the outset – and my statements to the Dáil will bear this out – I have been most sensitive to the need for the application of exemplary standards of fairness in this issue.
Members of this House will recall the intense pressure which was exerted for an explanation of the events surrounding this matter. Such pressure reflected the deep concern which was shared across the board. At the same time it challenged and still challenges us to remain conscious of the need for fair procedure in our ongoing treatment of the issues.
The seriousness of the concern warranted reports of the nature which were produced. While findings were reached, they were not conclusive and this fact was admitted freely in both reports, that is the reports of the Chief Justice and the Department in the matter. Questions raised were not answered, disputed facts were not resolved.
No proposals were made in either report on the question of any disciplinary action which should be taken in response to the findings where they affected the performance of individuals. It was clear that any disciplinary procedure arising from these events would require some process other than the inquiries which had been pursued. In that event, due process would have had to be applied rigorously. The Government considered this matter and concluded that the only avenue open to it to facilitate fair procedure in addressing the position of the judges in this case appeared to be the moving of resolutions for the consideration of the two Houses of the Oireachtas under Article 35.4.1 for their removal. If the resolutions had been moved it would have been necessary for procedures to be agreed in relation to the handling of the resolutions which would meet the requirements of natural justice in respect of the two judges who were named.
The need for such a grave step was obviated when both judges resigned. The sequence of events in this case cannot, in my view, be interpreted as akin to constructive dismissal of the individuals concerned. I believe their action could more accurately be viewed as an honourable response to the most unfortunate circumstances in which they found themselves and a disposition on their part not to wish to see the whole judicial system subjected to opprobrium. In taking the action they did they remained consistent to the highest standards of their profession and to the oath of office which they took on appointment to the bench. The county registrar also displayed the same qualities in his resignation. I believe the appropriate action in relation to the severance arrangements for these individuals is for the Oireachtas now to approve the pension payments proposed by Government in the wake of their resignations. I have already commended these terms to Dáil Éireann and communicated them to this House.
Senator Manning posed the question of whether it was appropriate for the Judiciary to investigate themselves. In the current constitutional context it is difficult to see who else could have carried out the inquiries on judicial involvement in the Sheedy case.
The principle of self-regulation is not unique to the legal profession. It also applies to doctors and Members of the Oireachtas. That said, there may be a case for lay involvement. However, I note Senator Hayes's caution against over-reacting with hastily considered responses. He offers the view that the courts should regulate themselves and should be seen to do so. Generally speaking, I agree with this view. I also agree that every effort should be made to build on the valuable work which Judge Denham's working group on a courts commission has done on this subject.
It was certainly opportune and appropriate that the working group's report dealing with the issue of judicial conduct and ethics was published in recent weeks. I welcome the Chief Justice's announcement last week that he had appointed a judicial committee to prepare the way for the establishment of a judicial body which would contribute to high standards of judicial conduct and establish a system for the handling of complaints of judicial conduct and other related activities. I have confirmed to the Chief Justice that my Department will co-operate with this committee in its important work. I look forward to hearing the views of the committee and I will give serious consideration to any requests or recommendations it makes to me.
An overriding concern permeating all discussions on the Sheedy case has been the "why" question. I do not have the answer to that question. It would be most helpful to have the full picture. In that context, I note that the Oireachtas Joint Committee on Justice, Equality and Women's Rights is now considering the matter. I welcome its efforts to address the outstanding "why" question and I know it will have the benefit of legal advice as to its manner of procedure in this respect.
Senators have questioned whether the committee has adequate powers or the wherewithal to pursue this matter. However, I do not wish to pre-empt what the committee may conclude and wish it well in its deliberations. The Government has from the outset acknowledged the value of the committee in addressing this job. I have assured it of every co-operation for my part and that of my officials. Both the report of the Chief Justice and the report of the Department in the case were forwarded to the committee immediately following their consideration by Government. The committee has written to the two judges and the country registrar inviting them to appear before it. The responses received to these invitations will be considered by the committee shortly.
In the course of his contribution on the debate Senator Norris invited me to write to him seeking papers on another case which he would like to have examined. If the Senator wishes to bring this matter to my attention I do not think it is necessary for me to write to him. I suggest that he considers my reference to his concerns here as an invitation to him to submit the papers concerned to me if he still considers them to be relevant.
Senator Norris also referred to his experiences of the legal system and offered trenchant criticisms of various features with which he was personally familiar. His criticisms of the operation of existing Circuit Court procedures involving the county registrar were of considerable interest. My Department's report also profiled shortcomings in Circuit Court procedures and made recommendations that the Committee on Court Practice and Procedure should examine this area. The Government is currently considering this and other recommendations of that report.
One notable recommendation made by my officials dealt with the method of appointment of county registrars. I have already taken appropriate action in this regard with the support of Government. At present there are two vacancies for county registrar to be filled – one in Carlow and one in Dublin.
In order to provide greater transparency in the selection of candidates for these positions I have arranged for an advisory appointments board to consider applications received in response to the advertisements for the posts which were placed in the media last week. The board will ensure that the applicants to be considered for appointment by Government are qualified and suitable. The board is drawn from key legal offices in the State – that of the Attorney General and the Chief State Solicitor as well as my Department and the Courts Service Transitional Board. I have also included the chair of the Employment Equality Agency on the board to reinforce the profiling of transparency and fairness in the appointments system.
Senator Norris had other comments to make about the courts system. His concern about plea bargaining in chambers and inconsistent sentencing will be examined in the context of my Department's ongoing review of such issues.
Senator Caffrey also expressed concern about difficulties with the jury system. This is an area which has not been highlighted to date. It is nonetheless a most important aspect of the courts system and if there are specific difficulties which need to be examined, I invite Senators to bring them to my attention.
It is evident that this matter will not go away. However, I will soon be here again to deal with proposed legislation required to provide for pension arrangements for the members of the Judiciary and the county registrar who have resigned. I also look forward to the outcome of the Oireachtas Joint Committee's deliberations to which I am sure its Seanad members will make a constructive contribution.
I thank Senator Ryan for the magnanimity of his statement. However, the inference that the Taoiseach would not make representations on behalf of a poor constituent is incorrect. For the past 20 years the Taoiseach has consistently topped the poll in the north inner city of Dublin, one of the poorest constituencies in Ireland. The Senator, when he reflects on it, will realise that the Taoiseach could not top the poll in that constituency unless he was accessible to his poorer constituents at all times.