Kearns: Judicial concerns ‘are well founded’

Ireland’s second most senior judge has come out in support of the Association of Judges in Ireland and issued a public rebuke to the master of the High Court, Edmund Holohan.

In an unprecedented intervention in the row over judicial independence, the president of the High Court, Mr Justice Nicholas Kearns, said concerns raised by the AJI — of which he is not a member — “are well founded”.

He said he hoped those concerns would be addressed urgently by the Government.

“The present situation is highly undesirable,” he said after the AJI and Supreme Court judge Adrian Hardiman voiced support for High Court judge Peter Kelly, who accused the Government of destroying judicial independence “brick by brick”.

Judge Kearns took issue with comments made earlier by Mr Holohan, who said the row between the Government and the judiciary had erupted out of a “sense of entitlement” that judges should be consulted over any proposed legislation.

He said the master of the High Court had no authority to speak on behalf of the court or its judges. “I wish to clarify that the master is not a judge but an office holder with limited functions created by statute,” said Judge Kearns.

“He does not operate under my oversight, direction or control. Specifically, he has no authority to speak on behalf of the High Court or its judges. Any impression to the contrary would be mistaken.”

Tánaiste Eamon Gilmore said that lines of communication should remain open but that the debate should not be held over the airwaves.

“I think, frankly, it is a conversation that is best not conducted in public. I don’t think dialogue over the airwaves is the way this kind of discussion should take place,” said the Labour leader.

“As far as the Government is concerned and as far as I am concerned we respect the independence of the judiciary.”

In response, the Bar Council of Ireland said it welcomed the statement from Mr Gilmore calling for lines of communication to be opened between the judiciary and the Government.

“There is a separation of powers in this country and the judiciary exists to defend and vindicate the rights of the citizen. The Bar Council believes the judges have raised very legitimate concerns about a number of recent issues, including the appointment, and manner of appointment, of ‘specialist judges’ under the Personal Insolvency Act 2012 and in relation to the terms and conditions of their appointment,” the council said.

“It is unfair to characterise the judges’ concerns about these issues as arising from a sense of entitlement or concern about their status in society. It is clear the judges are acting in the public interest and are seeking to uphold the Constitution and the rule of law on behalf of the citizen. Any comments which can be interpreted as an attempt to demonise them for doing so are to be greatly regretted.”