Honohan has 'no authority' to speak for judges

Written By Unknown on Selasa, 16 April 2013 | 22.40

The President of the High Court, Mr Justice Nicholas Kearns, has said the Master of the High Court has no authority to speak on behalf of the court or its judges.

Mr Justice Kearns said concerns about judicial independence expressed by the Association of Judges were well founded and he hoped every effort would be made to address these concerns with a view to resolving them as soon as possible.

The judge is not a member of the AJI. 

The present situation was, he said, "highly undesirable".

As some confusion had arisen as to the role of the Master of the High Court he wished to clarify that the master was not a judge, but an office holder with limited functions created by statute.

Any impression that he had authority to speak on behalf of the High Court or his judges would be mistaken, he added.

Earlier, Master of the High Court Edmund Honohan said he feels the row between the Government and the judiciary has erupted out of a sense of entitlement that judges should be consulted over any proposed new legislation.

The AJI yesterday threw its support behind High Court judge Mr Justice Peter Kelly, who accused the Government of demolishing the judicial system.

Judges are angry over a range of issues, which they say threaten their independence, including pay, pensions and future appointments.

Mr Honohan said there was no question that the judicial independence and integrity was under challenge in any way.

He said it was inappropriate and wrong for anyone, even a High Court judge, to suggest that there might be a question mark against the administration of justice.

Mr Honohan said: "I'm sorry to say this, but I think Judge Kelly has got it wrong. He's over the top here.

"There's no question at all that the judicial independence and integrity is under challenge in any way.

"Judges, when they're appointed, leave politics behind them.

"Now all of this brouhaha seems to be about some sort of sense of entitlement that judges are entitled to be consulted when the minister or the Government proposes new legislation of one sort or another. Sorry, but that's just not correct."

Mr Honohan said the Minister for Justice was not obliged to consult with judges and that, in this instance, Alan Shatter had a better grasp of constitutional propriety.

He said: "Really there is no need for this hysteria about it and it seems to me that the minister probably has the better grasp of constitutional propriety about it. He's moving in the right direction.

"In general, it seems to me that most judges would be upset this morning at going into court thinking that the public regards them as having a heightened sense of self-entitlement and concern about their status in society."

Tánaiste Eamon Gilmore has described the judiciary as a cornerstone of Ireland's democratic process.

He said: "The Government respects the independence of the judiciary. It's a cornerstone of our democratic and judicial system.

"Frankly, I think it is a conversation that is best not conducted in public. I don't think dialogue over the airwaves is the way in which this type of discussion should take place."

Meanwhile, Minister for Transport Leo Varadkar said he supports his ministerial colleague Alan Shatter in the controversy.

Mr Varadkar said the issue is about the pay, pensions and privileges of judges.

He said a lot of judges are hurting because of the changes introduced by the Government and said that while that is understandable they have to make their contribution to society like all us.

He also dismissed the notion that this was a constitutional crisis and said that the Government respects the independence of judges.

The AJI said it does not wish to comment in relation to remarks made by Mr Honohan, other than to point out that the Master of the High Court is not a member of the judiciary.

In a statement, it said the Master of the High Court is a quasi-judicial officer only and is not, and has never been, privy to, or a participant in, dealings of any sort between the judiciary and the executive.

Fianna Fáil leader Michéal Martin has warned of the danger of a "full-blown Constitutional crisis".

Speaking at Leinster House, Mr Martin urged the Taoiseach to intervene, to "pull Alan Shatter back", and to reach out to judges.

He claimed that Minister Shatter's behaviour was "unacceptable" and asked why he always sees himself as being right.


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