Chief Justice calls again for judicial council to be set up

THE JUDICIARY is the weakest arm of government here and democracy in Ireland would be “very much enhanced” by the establishment of a judicial council, the Chief Justice has said.

Mrs Justice Susan Denham said, at a seminar on aspects of judicial independence, that in a modern democracy a critical aspect of judicial independence was a judicial council.

“It is fundamental to democracy and the rule of law that the judiciary be strong to withstand pressure from any quarter,” she said.

The Chief Justice, who has been advocating a judicial council here for the past 12 years, said of the three great organs of the State – the legislature, the executive and the judiciary – “the judiciary is the weakest”.

Judicial councils had to be independent, their function being to defend and strengthen judicial independence.

Their core functions, as set out by the European Networks of Councils for the Judiciary in 2008, included the appointment of judges, their promotion, judicial training and ethics, administration of the courts and the finances and remuneration of judges, performance management, processing complaints about judges and drafting or proposing legislation concerning judges and/or the courts.

She said the establishment of a council had been recommended in 2000 by the Committee on Judicial Conduct and Ethics, chaired by then chief justice Mr Justice Ronan Keane.

In its programme for government, the Government said it was committed to establishing one. An interim council was established pending publication of legislation.