Opposition stresses need for independent judiciary

Opposition politicians have warned that TDs and Ministers have a duty to ensure a separation of powers between the legislature…

Opposition politicians have warned that TDs and Ministers have a duty to ensure a separation of powers between the legislature and judiciary so that judges can act independently.

They were responding to an article written by Mr Justice Seán O'Leary before his death last month and which was published in The Irish Timesyesterday.

In it he accused members of the Supreme Court of attempting to curry favour with a potentially hostile media during the controversy last year over the release of offenders convicted of unlawful carnal knowledge, known as the "A" case.

He also implied that the court, and particularly its "younger members", were not sufficiently independent from what he described as a populist media consensus.

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Yesterday Fine Gael justice spokesman Jim O'Keeffe said Mr Justice O'Leary, a former Fine Gael politician and mayor of Cork, was a personal friend.

He said the late judge was also "blunt and direct", but that he did not agree with him.

"My reaction is the Supreme Court had a difficult decision to make, and you could argue either way in relation to that decision," he said.

"But you have to bear in mind that it was a unanimous decision of the Supreme Court.

"They were facing the prospect of having paedophiles released around the country."

Mr O'Keeffe said he was "uneasy" about politicians commenting on judicial decisions and that he believed it was vital that the judiciary operated independently of public or political opinion.

"We have to be careful not to cross over the line between separation of powers", he said.

Labour TD Kathleen Lynch, from Cork, said politicians had a responsibility to ensure the judiciary was allowed to operate independently.

"I think we need to be very careful, society is changing and changing dramatically, where we don't put judges in a position where they think they are accountable to the Oireachtas," she said.

Fianna Fáil Senator Jim Walsh, from Wexford, said he believed that the judiciary was susceptible to public opinion.

"The judiciary are people the same as everybody else, and are susceptible to pressure, be it from public opinion, the media or anywhere else, and certainly some of the decisions reflect that," he said.

He said he thought criticism in the media about the costs of tribunals had influenced some of the findings of tribunal reports.

Fianna Fáil deputy chief whip Billy Kelleher added that he believed that politicians had a right and duty to criticise judicial conduct on issues like sentencing.

"As a public representative I would be failing in my duty if I didn't highlight issues," he said.

Progressive Democrats election candidate Colm O'Gorman said that he was "not aware of many examples of the Supreme Court taking views or decisions based on media or public opinion. Judges make it clear that they won't be swayed in their views by public opinion and that's the way it should be."

Mr O'Gorman is director of One in Four, which supports victims of sex abuse.