Shatter defends Government’s handling of judicial independence

Intervention follows comments by High Court judge Mr Justice Peter Kelly

Minister for Justice Alan Shatter said last night: “Members of the judiciary have traditionally avoided straying into the political domain. It is unfortunate if constitutionally sanctioned pay reductions were presented as an attack on judicial independence.” Photograph: Brenda Fitzsimons
Minister for Justice Alan Shatter said last night: “Members of the judiciary have traditionally avoided straying into the political domain. It is unfortunate if constitutionally sanctioned pay reductions were presented as an attack on judicial independence.” Photograph: Brenda Fitzsimons

Minister for Justice Alan Shatter has delivered a sharp response to criticism of the Government's treatment of judges, insisting no question mark hung over the independence of the judiciary.

He defended the judicial pay referendum and said the Government fully respected judicial independence as “a crucial and fundamental principle” of the separation of powers.

Mr Shatter's intervention came after a High Court judge reportedly accused the Government of attacking the independence of the judiciary.

The Sunday Business Post reported yesterday that Mr Justice Peter Kelly told a gathering of business leaders last week the Government's handling of a range of issues, including judge'' pay and the creation of new courts presided over by new types of judges, also carried risks for the country's reputation.

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Mr Justice Kelly was speaking in his capacity as president of the Association of Judges in Ireland, the report added.

“No one should have any doubt that the rule of law applies fully in this State and no question mark hangs over the independence of our judiciary or court system,” Mr Shatter said in a statement.

Referring to the report about “a widely respected member of the judiciary”, Mr Shatter said: “Members of the judiciary have traditionally avoided straying into the political domain. It is unfortunate if constitutionally sanctioned pay reductions were presented as an attack on judicial independence.”

He said pay cuts had affected all those paid by the State, most of whom were paid at a “substantially lower level” than the judiciary, and that giving judges “preferential treatment” would have undermined public respect for judges. He also defended plans to appoint new “specialist judges” to deal with insolvency matters in the circuit court.

Efforts to contact Mr Justice Kelly were unsuccessful.

Ruadhán Mac Cormaic

Ruadhán Mac Cormaic

Ruadhán Mac Cormaic is the Editor of The Irish Times