Chief Justice Susan Denham defends judiciary

Chief Justice Susan Denham has hit out at “inaccurate discussion and misrepresentation” of the position of the judiciary in recent weeks —stating that they have led calls for reform over the last two decades.

Her comments come less than a week after Taoiseach Enda Kenny publicly rebuked Transport Minister Shane Ross over comments he made about the judiciary.

Mr Ross has made reform of judicial appointments a priority and said recently judges needed reminding of their oath.

He wants a new declaration of interests for judges because “they might forget their oath” of office to administer justice without fear or favour.

Speaking to the National Judges Conference, Mrs Justice Denham said the judiciary had been trying for five years to have the process of judicial appointments reformed and made more transparent and that judges have been asking for, planning, and researching for a judicial council for almost 20 years.

“In our democracy, the three great pillars of State — the legislature, the executive and the judiciary — derive their powers from the people. It is a fundamental principle, that each of the great organs of State owes respect to the other. Inaccurate discussion and misrepresentation of the position of the judiciary has been a feature of recent public discourse.

“Amongst other factors, it is surprising that it has been stated that the judiciary are fighting change — when the opposite is the case — the judiciary have been advocating change, but it has not yet been advanced.

“The judiciary have the 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,” she said.

Mrs Justice Denham said the Government has indicated that it is continuing to review the process of appointing judges, under the programme for government.

She also said she had appointed a Judicial Appointments Review group to address the matter and that they met with the Minister for Justice Frances Fitzgerald last week. Mr Ross was also in attendance at that meeting.

In the Dáil last week, the Taoiseach took the decision to publicly disassociate himself from the transport minister’s comments.

Labour leader Brendan Howlin said Mr Ross was undermining the judiciary with assertions that they lived a “charmed life”.