Mr Justice John Murray comes to the position of Chief Justice at a difficult time in the history of the Judiciary. He faces a challenging period and the wider community will wish him well in his endeavours.
The first major question likely to come before him is the ongoing Oireachtas inquiry into the conduct of Judge Brian Curtin.This is unprecedented, and raises fundamental issues relating to the independence of the Judiciary and the powers of the Oireachtas, as well as the disputed use of unconstitutionally obtained evidence. As the inquiry proceeds with its work, it is inconceivable that the issue will not end up in the courts.
This comes at a time of some tension between the political and judicial wings of the State. The Supreme Court ruling that an Oireachtas committee could not inquire into the shooting of John Carthy in Abbeylara, at least in the way it was proposing, was received badly by many politicians. Other adverse rulings by the High Court have been overturned by the Supreme Court, but these have not entirely removed a sense in political circles that judges are removed from political realities.
There is at least a danger that some of this impatience with the Judiciary as a whole may feed into the ongoing Curtin affair. Precedents may be set that could have serious implications for the independence of the Judiciary in the future. This independence is a cornerstone of our democracy, and a guarantee that the rights of the citizen cannot be trampled upon by the State. It ensures that short-term popularity or unpopularity is not the determining factor in the evolution of our justice system.
Mr Justice Murray is well placed to deal with these concerns. As a former Attorney General, who served for two terms, he brings to the position of Chief Justice a knowledge of the workings of Government. He knows from the inside the extent to which judicial suspicion of the State and its institutions are justified, and the extent to which they are not.
The courts will also continue to be asked to rule on the difficult question of the extent to which individuals can demand certain rights from the State, and Mr Justice Murray will become the arbiter of these important decisions in our democracy.
The justice system is undergoing reform, and certain areas, like non-contested personal injuries actions, are being removed from the courts altogether. The increasing complexity of legislation and of Irish society, also places more demands on that system, and it will have to continue to compete for resources. There will also be pressure to alter long-standing practice and procedures in the light of changing law and evolving technologies.
Mr Justice Murray has European experience and has served on the Board of the Courts Service. He is familiar with the needs of the system from the inside. He has a reputation for good sense and the application of same is awaited with interest for the ordinary citizen.