Labour, FG scorn O'Flaherty verdict on judicial proposals

Fine Gael and Labour have rejected criticisms by former Supreme Court judge Mr Hugh O'Flaherty of their proposals for a system…

Fine Gael and Labour have rejected criticisms by former Supreme Court judge Mr Hugh O'Flaherty of their proposals for a system to make judges more accountable for their actions.

Their comments follow Mr O'Flaherty's claim that Labour wants to make judges accountable to "political masters". In an article in The Dubliner magazine, Mr O'Flaherty drew parallels between Labour's plan, Stalin's show trials and the method of selecting judges favoured by former Philippine president Ferdinand Marcos.

Mr O'Flaherty's actions in the Sheedy case led to his resignation from the Supreme Court last year and to the search for a new method of disciplining judges. However, the Government this week withdrew its proposals on the matter after Fine Gael and Labour made it clear they would oppose them because they made impeaching a judge too difficult.

Fine Gael justice spokesman Mr Alan Shatter yesterday condemned Mr O'Flaherty's comments as "ill-tempered, ill-considered and deeply offensive". Labour justice spokesman Mr Brendan Howlin, said Mr O'Flaherty was "wrong".

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In his article, Mr O'Flaherty warned that "increasingly, the sanctity of the separation of powers - that is, the division of responsibility between legislature, government and judiciary - has come under attack". He accused the Labour Party of wanting to make it easier for the legislature to dismiss judges and make them answer to political masters.

"If that course were to be pursued, there are many precedents in history that could be adopted", he went on. "Charles 1 (1600-1649) instituted the Star Chamber, where he had subservient judges who would do his will. In more modern times we had the `show trials' of Comrade Stalin.

"Or there is the solution favoured by former president Marcos of the Philippines, who required a judge, on his appointment, to submit at the same time a letter of resignation. None of these solutions would accord with the European Convention of Human Rights, but so what?" Mr O'Flaherty wrote.

Mr Shatter pointed out that it was Mr O'Flaherty's actions in the Sheedy case that had led to the controversy.

"Given the contempt Mr O'Flaherty showed for the Oireachtas inquiries into the Sheedy affair, and the way in which his own behaviour in that affair had undermined the credibility of the judicial system, his reported comments are deeply offensive," Mr Shatter said.

"He should publicly withdraw the intemperate and ill-considered references to `Stalin's show trials', `concentration camps' and `political corruption in the Philippines' and the allegation that politicians are seeking to become the masters of judges."

Mr Howlin said: "It would be a perverse response to the events of the past 12 months in which Mr O'Flaherty played a key role to now substantially weaken judicial accountability as the Minister sought to do."