The Mick Clifford Podcast: A judge's account - Bernard Barton

On this week's pod, Mick and Bernard Barton discuss defamation, juries, and relations between judges and politicians

Bernard Barton joins Mick on this week's pod. File Picture: Collins Courts

Politicians today do not have the same respect for the separation of powers principle when commenting on judges or the judiciary, according to a retired High Court judge. 

Bernard Barton, who oversaw the civil juries list in the High Court, says that the independence of the judiciary and its function was better accepted by the body politic in previous years.

If, in the past, he told the Mick Clifford podcast, any politician said something about the judiciary that could be considered unfair, "you could guarantee that the political parties across the floor (of the Dáil) and in the Senead would basically say, ‘hey, this is trespassing on the sphere of the judiciary, we don’t go there".

“The judiciary would never need to say anything (in response) because they could always rely on the political establishment to defend the judiciary, knowing full well that convention. There is a reason for the separation of powers and it’s essential to the health of our democracy and part of the deal is the judiciary do not say anything. 

"In the past it was always the case that that position was respected. That’s not so evident now.” 

Mr Barton, who retired in 2021, also believes that retired judges could be utilised by the courts by being available for work when pressures might place demands on the system. This, he says, is particularly relevant as the courts resources’ have not kept pace with the expansion in the economy over the last 20 years. 

Having retired judges available for work is a practice that is done in Northern Ireland already. Currenty, judges are allowed to work until 70.

“There are terrible restrictions on the courts to deal with a huge backlog of work that is building up,” he says. 

“In Northern Ireland and the UK you can come back and help out I think until you are 75. If the president of the High Court found himself short a judge, he could ring up somebody like me and ask could you give a hand for this term, or whatever. It happens regularly in Northern Ireland.” 

• Retired High Court judge Bernard Barton is this week’s guest on the Mick Clifford Podcast.