Row between judges and Government over judicial appointments bill escalates

In a statement warning that the proposals “do not accord with international standards and will not serve to depoliticise the system of judicial appointments”, the Association said it had decided to overcome its “reluctance to ever comment publicly on issues of controversy” because of “the depth of its concerns”.

It also said the case for a lay majority and chair - supported by the Law Society and opposed by the Bar - “had not been explained”.

It comes after reports that Mr Justice Peter Kelly, president of the High Court, called the proposals “ill conceived” and “ill advised” at a Dublin Solicitors’ Bar Association (DSBA) gala dinner on Friday.

The AJI concluded its remarks: “The AJI is concerned that the present proposals may damage the judiciary as an institution. One effect of a flawed appointments system is that it may discourage suitable applicants from coming forward. If that happens, that is damaging to the judiciary as an institution and to the State as a whole.”

He told diners that the Government is moving with “undue haste” on this issue, compared to slower progress dealing with legislation addressing the lifetime care needs of the catastrophically injured.

Those comments prompted Taoiseach Leo Varadkar, fresh from controversy around the appointment of former Attorney General Máire Whelan to the Court of Appeal, to assert that the separation of Government and judges must apply “in both directions”.

Mr Varadkar said: “Both judges and politicians need to respect the separation of powers and ensure that there is a decent distance between the judiciary and the Oireachtas.”