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Judges urged not to join 'secret societies'

(Barry McCaffrey, Irish News)

A new report into how Northern Ireland judges are appointed warns that membership of loyal orders or secret societies may endanger the independence of the courts.

The warning is included in a report, carried out by the Commissioner for Judicial Appointments John Simpson.

It recommends that in the future it should be made clear to all members of the judiciary that they should not join 'organisations or societies' that could be perceived to belong solely to one community or which has an image that is partisan.

Although the majority of the 100 recommendations included in the report relate to the selection process of judges and QCs (Queen's Counsel), it also highlights the need for a code of ethics for those being appointed to the judiciary.

The report warns that the independence of the north's judicial system can be open to question because of a perception that judges, who are members of the loyal orders or secret organisations, could be perceived as only representing only one section of the community.

While the report states that members of the judiciary are entitled to hold private views and personal opinions, it adds: "The key issues are, that a judge should be able to set his/her private views aside in order to make judgments, and also that as a member of a particular organisation, a judge is not aligning him/herself prejudicially with members of the community that belong to that organisation.

"There is no doubt that membership of loyal orders or secret societies would pose a problem in Northern Ireland and the problem is both of perception as well as actual membership."

The recommendation comes just weeks after it was announced that police office are to be required to disclose involvement with secret or cultural organisations such as the Freemasons, Catholic Knights of Columbus and the Orange Order.

The SDLP's Alban Maginness yesterday (Monday) welcomed the report into judicial appointments.

"The report is very welcome, in fact it is long overdue," the Belfast barrister said .

"It makes some very helpful suggestions in terms of the selection of judges at many levels. These are in the main common sense suggestions, which will bring the judicial appointments system into the 21st Century.

"They will apply modern employment procedures to a rather archaic system, making the selection process more transparent."

Responding to yesterday's report, Sinn Féin's Gerry Kelly accused the current judiciary of being unrepresentative of the nationalist community.

"During the negotiations Sinn Féin argued for mechanisms to be put in place to ensure that an acceptable and representative judiciary is put in place.

"We welcome any moves along this road and will look closely at today's report."

August 20, 2003
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This article appeared first in the August 19, 2003 edition of the Irish News.


This article appears thanks to the Irish News. Subscribe to the Irish News



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