State’s top judge denounces ‘inaccurate’ criticism of judiciary

The State’s top judge has criticised “inaccurate discussion and misrepresentation” in relation to judicial reform in remarks that appear to be directed at the Minister for Transport, Sport and Tourism, Shane Ross.

Addressing the National Judges Conference at the weekend, the Chief Justice, Susan Denham, said it was a fundamental principle that each of the three pillars of State – the legislature, the executive and the judiciary – "owes respect to the other".

Last week in the Dáil, the Taoiseach dissociated himself from remarks about the judiciary made by Mr Ross.

Enda Kenny did so after the Labour Party's Brendan Howlin said the comments by Mr Ross on RTÉ radio were the "most aggressive attack" he could recall by a Cabinet member on the judiciary.

Mr Ross had said there should be a public register of judges’ interests as judges might sometimes “forget” their oath to administer justice without fear or favour.

He also said there had always been “massive resistance” from judges to efforts to introduce such measures “because they are not used to being accountable.

“We need to reassure people that the judges are not a protected citadel as they are at the moment.”

Judges, he said, “have a blank cheque to declare nothing”.

Tánaiste and Minister for Justice and Equality, Frances Fitzgerald, said the separation of powers was a cornerstone of our democracy and that there had to be respect between the various branches at all times.

Any question of straying from that “would be very worrying”, she told The Irish Times.

Pressing for change

Ms Denham, in remarks to the judges’ conference released through the Courts Service, said the judiciary had been pressing for five years to have the process of judicial appointments reformed and made more transparent, and that for 20 years the judiciary had been asking for, planning and researching a proposed judicial council.

She said it was “surprising” that it had been stated that the judiciary were fighting change “when the opposite is the case – the judiciary have been advocating change, but it has not yet been advanced.

“The judiciary have led the movement for change in a number of important judicial areas, especially in the area of a judicial council and the appointment of judges.

“The judiciary have been requesting a change in the judicial appointments system for years.”

In an interview with The Irish Times, prior to the release of Ms Justice Denham’s comments, Mr Ross accepted that the judiciary had been pressing for change for years.

It was the main political parties that had been preventing reform, he said.

Ms Justice Denham said representatives of a judicial appointments review group had met the Tánaiste last week and that Mr Ross was also in attendance.

It is understood a three-judge group, led by Mr Justice Donal O’Donnell of the Supreme Court, met the Tánaiste and Minister for Transport on Thursday.

Ms Justice Denham said that, at the meeting, “Ministers and officials were reminded of the long and ongoing efforts of the judiciary on the need for reform in the areas of judicial appointments and a judicial council.

“The meeting heard that it was the judiciary that had taken and maintained a proactive stance in relation to reform and change.”

The Chief Justice said she remained optimistic on the issue of a judicial council, “despite the complexities of working with the Government”.