Dáil debates

Tuesday, 16 April 2013

3:45 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael) | Oireachtas source

Yesterday, I joined the President and the Tánaiste in issuing to Mayor Menino and Governor Patrick, both of whom I met last year, a statement of condemnation of the atrocity in Boston. This morning, the Government considered the matter and sent its message to President Obama in the White House on behalf of the people of America and, in particular, those in Boston, based on the very strong links between this country and Boston. I share the view of Deputy Martin and others that those who planned and carried out this act of insanity should be brought to justice as quickly as possible. Our thoughts and our prayers are with the bereaved, those who have been seriously injured and with everyone concerned.

On the point raised by Deputy Martin, Article 35.2 of Bunreacht na hÉireann, the Constitution, sets out clearly that all judges shall be independent in the exercise of their judicial functions and subject only to the Constitution and to the law. That is the position, a Cheann Comhairle. It is the firm view of the Government that the effective operation of the judicial system, of which independence in the exercise of its duty is fundamental and central to this democracy, is of critical importance and one that clearly continues. The Minister for Justice and Equality has articulated that on a number of occasions.

I want people to understand that the connections between Executive and the Judiciary are and always have been entirely appropriate on issues of concern or anxiety that members of the Judiciary have to raise. These channels have always operated through the Office of the Attorney General and continue to do so. I have met members of the Judiciary on a number of occasions on the functioning of the work carried out by it. It is clear that a number of proposed referenda have implications for the Judiciary and it is only right and proper that there would be consultation about those matters, for instance, on the Seanad or the court of civil appeal. Those are matters that affect the Judiciary and, in so far as the formation of the decisions by the people in a referendum, it is only appropriate that there would be proper consultation. I do not accept Deputy Martin’s assertion of the demonisation of the Judiciary. I have absolute respect for the work it does and the independence with which it carries out its duties. That has always been the case and that will continue to be the case under this Administration.

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