Independence of judiciary may be ‘undermined’

DEFENDING the independence of the judiciary, the outgoing president of the High Court Mr Justice Richard Johnson warned yesterday of allowing this independence to be undermined as the public airwaves had apparently become the playground of lobbyists, canvassers, spin-doctors, touts and PR persons.

Speaking at a function to mark his last day on the bench, he noted that certain members of the executive and legislature were recently critical of the independence of the judiciary. He warned it would be a bad day for the country if the judiciary didn’t remain independent, irrespective of the resentment and jealously this produced.

Mr Justice Johnson said if we allow the independence of the judiciary to be undermined “we will have a situation where the judges will be subject to the same pressures as our TDs, councillors and planning officials are”.

“I doubt whether they will be accompanied by brown envelopes but it is very necessary that we protect against it.”

He added: “The public do not want clever judges, they do not want brilliant judges but they want honest judges and they want judges who they know have not been got at.”

Referring to his role in the Special Criminal Court and his position as president of the High Court, he paid particular tribute to special branch personnel, saying they had to cope with “pretty raw people” and were doing a tremendous job in maintaining the peace and security of the country against ruthless people.

He said he would love the people who criticise them and the garda generally to have some concept of the difficult work they do.

“These men, with little support from many places, particularly the public and the media, do this great job and the people of Ireland should be thanking them every day for the work they do and the protection they afford the public against the people who are basically making war on the State.”

John D Shaw, president of the Law Society which represents about 12,000 solicitors nationwide, said it was no secret that it had been a difficult few years for the profession and on behalf of the Law Society he thanked the outgoing president for the manner in which he had dealt with these matters.

“It is vital for the reputation of the profession as a whole that solicitors who fail in their duties and who do not maintain high standards are dealt with appropriately. You have not been found wanting in this regard,” said Mr Shaw.

The Attorney General Paul Gallagher also paid tribute to the outgoing president, who began his legal career in 1960.