Judges "will have to declare their interests" as part of proposed reforms of the judiciary, Independent Alliance minister Finian McGrath has said.
Speaking after an event in Dublin on Wednesday, the Minister of State for Disabilities said he and Independent Alliance colleague, Minister for Transport Shane Ross, had proposed a register of interests for judges, similar to the register of financial interests for politicians, at the Cabinet meeting on Tuesday.
He said “the vibe” at the meeting was very good.
“When we threw it out there, there was actually broader support than we were thinking, so the judges will have to declare their interests,” he said.
“I think that is going to happen and I would be very positive about it.”
He also said there was not only support within Cabinet for it, but also “in the broader Fine Gael and Fianna Fáil”.
“There are elements there that want to do that, so there could be huge potential there for massive change,” he said.
Mr McGrath characterised a decision by Cabinet, made on Tuesday, to appoint seven new judges, despite previous resistance from Mr Ross, as “a compromise”.
“Myself and Shane are demanding the reform of the judicial appointments and we won that, so why not have a little bit of compromise in relation to it in the meantime?”
He also said the Independent Alliance’s original judicial appointments bill would be “the one going through the house” and this was “ a major win from our point of view”.
‘Free vote back’
And he said it had been agreed that Independent Alliance members would have their “free vote back” on issues they feel strongly about.
Minister for Social Protection Leo Varadkar said a register of judges' interests had been discussed on Tuesday and was under consideration. He highlighted a report from Greco, a Council of Europe body against corruption, and said it recommended such a register.
“From what I’ve heard, the judiciary aren’t objecting to that,” he said. “So it is fair to say it is something that has merit.”
He said it could be dealt with as part of the promised judicial council.
“The Government hasn’t decided yet whether we should do it or not, but it is something that is going to get our full consideration,” he added.
However, the Law Society of Ireland has said the introduction of a register of judges' interests would be disproportionate, unnecessary and inappropriate.
Director general Ken Murphy said he was not aware of any such register in any other common law jurisdiction.
“In terms of judges having some financial interests in the outcome of a case, it seems extremely far-fetched that that would actually exist and if it did, would prejudice their handling of the case,” he said.
He also said the suggestion of a register “seemed to be motivated more by prurience than principle”.
“It is difficult enough as it is to get candidates of the highest calibre to apply for judicial office, and to introduce this further measure of potential public exposure of their personal assets and those of their family would make it even less attractive than it is,” Mr Murphy said.
A legal source said the idea of a register was “very unpopular” among barristers and judges. He said it could make judges, who were almost always “in the background”, into “quite public figures”. There was also a risk that a register could do harm because it would allow litigants to start “forum shopping” for judges. He said judges feel “a little under siege” at the moment.
“I think there is a feeling this is an attempt to create another hoop for them to jump through that is unnecessary,” he said.
A spokeswoman for the Bar Council said it was not in a position to comment.
