The Irish Council for Civil Liberties (ICCL) has called for the introduction of a Judicial Council to strengthen the accountability of the Irish judiciary.
The recommendation is made in a new report JUSTICE MATTERS; Independence, Accountability and the Irish Judiciary, which will be launched this evening (17 July 2007) at the Law Society of Ireland, Blackhall Place, Dublin. The report examines the extent to which the Irish judiciary complies with international human rights standards and principles on independence and accountability.
The need to introduce a Judicial Council – which could deal with complaints against judges, and render them accountable while respecting their independence – emerged as a key concern of judges themselves, who spoke with the ICCL in confidence. For example, a Judge of the Superior Courts quoted in the report said:
“I think the public demand accountability from judges. It only takes a couple of high profile cases to increase the need for it.
The Curtin case has shown up severe deficiencies in dealing with complaints against judges. There’s only the nuclear option of the resolution of both Houses and that’s cumbersome and completely unsatisfactory. So I think a Judicial Council – from what I know is proposed – I think would be very adequate. I cannot understand how every other jurisdiction can have a Judicial Council, and this jurisdiction seems to have such a great difficulty in putting one in place.”
Mark Kelly, Director of the Irish Council for Civil Liberties said that the report provides a fresh assessment, informed by the views of judges themselves, of the extent to which the Irish judiciary complies with international human rights standards on independence and accountability.
“It is vital that judges be independent but – as they themselves recognise – this should not mean that they cannot be held to account. The report proposes a variety of practical ways in which the accountability of the judges can be enhanced, while safeguarding their independence. The ICCL is calling upon the new Government to introduce a Judicial Council Bill at the earliest possible opportunity.”
The ICCL’s report also calls for a range of other measures, including greater transparency around the judicial appointments process, taking action to render the judiciary more reflective of the diverse nature of modern Ireland, and providing appropriate skills development activities for newly-appointed and serving judges.
The report will be launched by Professor Jochen Frowein, Vice President of the International Commission of Jurists. Speaking in Dublin in advance of the launch, Professor Frowein said.
“I cannot overstate the crucial importance of an independent judiciary as required by international and national law. An independent and accountable judiciary is central to the protection of human rights in every society. It is encouraging that there is an increasing focus in many countries on the role of the judiciary in relation to the rule of law and I welcome the release by the Irish Council for Civil Liberties of this timely and important report on the Irish Judiciary.”