It’s not every week we see judges and the Minister for Justice involved in a public standoff, but tensions that rose to the surface so spectacularly in recent days have been simmering for years.
The catalyst for the latest exchanges was a speech given by one of Ireland's most prominent judges, Mr Justice Peter Kelly, at a private business dinner in Dublin. He reportedly accused the Government of gradually dismantling judicial independence and claimed communications between the executive and the judiciary had broken down. This set off a chain of unusually pointed statements – first from Minister for Justice Alan Shatter, then from the Association of Judges of Ireland, which declared "full support" for Mr Justice Kelly. Another senior figure, Mr Justice Adrian Hardiman of the Supreme Court, also joined the fray, reiterating concerns over independence in a strongly-worded defence of his colleague's position.
The judges have two sets of grievances. First, they say the Government is chipping away at their autonomy. They point to the referendum on judicial pay in 2011, when the constitutional ban on reducing judges’ salary was scrapped. Their problem was not with the principle of a pay cut, they insist, but that the Government took that power for itself without reference to an independent body. They are also concerned about the appointment of insolvency judges, who are to be recruited initially from the ranks of county registrars and who, unlike other judges, will be subject to ministerial direction concerning sittings. Moreover, they say, the introduction of less attractive pensions for new entrants may mean less experienced or lower quality people will apply to become judges.
The second big grievance is communication – or, in the judges’ eyes, lack of it. They claim the traditional formal and informal channels for discussion with the Government have broken down, which means that they are not being kept informed on changes that will have a direct impact on them.Privately, judges say they feel the Coalition has it in for them.
New forum
For their part, Ministers this week stressed their attachment to judicial independence and said communications were ongoing on a
several relevant issues.
With the row escalating, it fell to the Chief Justice to calm things down. Mrs Justice Susan Denham noted her colleagues' "serious concerns" but spoke of "constructive discussion" she had had with the Taoiseach.
The establishment of the new forum is in itself acknowledgment that there was a problem. It may avert another public confrontation such as this week’s. But the concerns about how Government appoints judges and also sets their pay may just be getting started.
