Ireland’s government is backing a strong judicial process to deliver Brexit legislation, a senior minister has said.
In a statement, the minister for justice and home affairs, James Reilly, said that while the government was “in support of the legislative process, we have a legal framework that is robust enough to ensure that justice is delivered in the best interests of the Irish people”.
“We are working on the legal framework to ensure there is a strong, fair and just judicial process that allows all the stakeholders to have the best possible opportunity to make informed and constructive decisions,” he said.
“We have taken a clear position that the judicial process will be robust and that the process will not only deliver legislation but will be underpinned by strong and effective enforcement mechanisms.”
“The legal framework will be strengthened by the appointment of an independent and independent-minded independent judge to take the lead on this process,” he added.
Earlier this week, a report by the Law Reform Commission (LRC) said the EU-Canada free trade agreement (TTIP) would leave the Irish judicial system “at the mercy of the political parties”.
The report also said the deal could damage the independence of the courts in the Republic of Ireland, with the Government proposing that all decisions made by judges should be “transparent, independent and public”.
“If this is what the Irish courts are about then the judicial system in Ireland is no longer a viable option,” the report said.
However, the Irish Government has defended the TTIP and said that the courts are “not a party” to the talks and “can’t dictate the terms of the negotiations”.
“The Government of Ireland has always said that all the best and most ambitious trade agreements can be delivered by a process of negotiation between the EU and Canada,” a spokesman for the Minister for Justice said.
“This is what we have always wanted and the Government will continue to push for the most robust and comprehensive and efficient and fair negotiations to come to an agreement between the United Kingdom and the European Union.”
“This will ensure that the best outcomes for all parties, and indeed for the Irish economy, can be achieved.
It will also deliver certainty for the millions of people across the country who have been left without certainty over what they can expect in the future.”
In a written response to the report, the Government said that there is no suggestion that judges are “part of the negotiating process”.
“Irish judges are not part of the negotiation process, but their decisions are binding on all parties to the negotiations,” the spokesman said.