Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The controversy that arose and lasted for some days came as something of a surprise to me and it was as a result of a misunderstanding on the part of the AJI. There had been ongoing contact on the issues they raised that fall within my brief. For example, there was a suggestion that there had been no communication or contact with them regarding the provisions in the Personal Insolvency Act relating to the appointment of specialist judges, but that was far from the case. It was an issue on which, together with the Attorney General and in advance of the inclusion of the proposals in the legislation, I engaged in discussions with the Chief Justice and the President of the Circuit Court. The suggestion that there had been no discussion on the matter came as a complete surprise to me. In the context of other issues, which I do not want to go into at any length, clearly there were some concerns surrounding the pay and pensions of members of the Judiciary.

The people made a decision in a referendum on the issue relating to pay, and that is a matter to be dealt with by my colleague, the Minister for Public Expenditure and Reform, Deputy Howlin. There are lines of communication and, as the Deputy may be aware, it has been traditional over the years for both formal and informal lines to be maintained through the Attorney General, which is appropriate. I have had meetings in my Department and discussed issues of concern to the different levels within the court structure. I have had meetings with members of the District Court, for example, together with the Attorney General, as well as members of the Circuit Court and representatives of the High and Supreme Courts.

I deliberately mentioned other events, such as seminars, that take place because frequently when I meet members of the Judiciary at these events, issues of relevance to the running of the Courts Service are discussed. On 2 March we held in the Law Society a conference hosted by my Department to discuss the forthcoming referendum on the court of appeal. Not only did the Chief Justice address that meeting, but members of the High Court Judiciary involved in a sub-committee to consider how to deal with the architecture of the court of appeal were present and I took the opportunity to engage with them.

There is continuing and ongoing engagement and it is unfortunate that there is a perception of some controversy in which I want to engage. I have not wish to be engaged in a controversy with the Judiciary and I fully respect the separation of powers. It is of major importance for us to have an independent Judiciary and that there is no question of members of the Executive or Members of Parliament interfering with the hearing of court proceedings or the decisions made and delivered by judges. It is key to our constitutional democracy and a tenet of our Constitution.

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