THE GOVERNMENT HAS accepted a proposal from Chief Justice Susan Denham to establish a forum for regular discussions about “matters of mutual concern”.
The move comes after a dispute broke out this week over judicial independence. According to the courts service, the forum has already been set up and its work commenced with a meeting on Monday.
“There are currently issues of serious concern to the judiciary, which have been highlighted in recent days by some members of the judiciary,” Denham told the Law Society in Griffith College this evening, referring to remarks made by Justice Peter Kelly – and supported by the Association of Judges of Ireland (AJI) - which suggested that the government is deliberately attacking judicial independence.
The group noted the comments were about pay cuts, but also addressed the passing of legislation without consultation with the judiciary.
Earlier, the minister said that it was “unfortunate” if reductions in pay, brought in by a referendum, were seen as an attack on an organ of the State.
Denham told the audience today: “Because of the concerns of the Judiciary, I suggested to the Government that there should be more regular engagement to facilitate constructive discussion on these and other matters of mutual concern and interest to the Judiciary and the Executive.”
The Chief Justice, who said she has held “many constructive meetings” with the Minister for Justice on future developments and reforms, also intends to meet Taoiseach Enda Kenny to discuss various issues, including the Court of Appeal. Currently, a group of judges is preparing further information for the Attorney General on the proposed referendum on a Court of Appeal.
A referendum to allow the Oireachtas establish additional courts, superior to the High Court, has been promised by the Department of Justice. If passed, it would see a court of civil appeal established, which would deal with appeals on civil matters from the High Court.
“While I have had constructive discussions with the Taoiseach on matters relevant to the executive and the judiciary, the normal conduit between the judiciary and the executive is the Attorney General,” continued Denham. “That avenue of contact continues as a positive and proper route.
“It is clear we need new structures,” she added, before noting that matters of government often need to be addressed confidentially.
During her speech, Denham praised Ireland’s judges for their reaction to the financial crisis and their dealings with debt-related cases.
“They have – in court – imaginatively and with deep compassion dealt with those who have been led to the courts by debt issues,” she said. “They have in work practice, continued to show an enormous willingness to change and to undertake more work with less resources. One calculation has seen our Courts Service increase productivity by 25 per cent in the past time of economic challenge. The judiciary played an important part in that achievement.”
“The judges of Ireland are undertaking a key role – patriotically – as they maintain the rule of law, and the democratic nature of our State, in these difficult and troubled times, and I am honoured to work with them through this time of national economic crisis.”
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