THE NEW Chief Justice, Mrs Justice Susan Denham, has announced she will not be taking the €38,000 increase in salary that goes with the position.
She said yesterday her salary would remain at its existing level until measures were in place for deciding judges’ pay. This means she will receive the €257,872 salary paid to an ordinary member of the Supreme Court, rather than the €295,916 she is entitled to claim as Chief Justice.
In an unprecedented public statement, Mrs Justice Denham said the judiciary had never opposed the holding of a referendum on judges’ pay, and called for a judicial council and court of appeal.
In a brief ceremony in Áras an Uachtaráin yesterday, the new Chief Justice made the constitutional declaration in the presence of President Mary McAleese, Taoiseach Enda Kenny, Attorney General Máire Whelan, Minister for Justice Alan Shatter and her husband, Dr Brian Denham.
In a statement afterwards issued through the Courts Service, Mrs Justice Denham said the time had come for a judicial council in Ireland “to support the judiciary in their difficult task, whilst providing assurance to the public that all judges maintain our traditional high judicial standards”.
She called for two further reforms in the justice system: a court of appeal to deal with the growth in the number and complexity of cases coming before the Supreme Court and the Court of Criminal Appeal, and a 21st century infrastructure for the judiciary of Ireland.
Judges, she said, were acutely aware of the financial crisis. “Judges are not immune from the effects of the economic crisis,” she said. “Judges are not, nor have they ever been, opposed to playing their part in sharing the financial pain required of everyone in this difficult time. In particular, the judiciary has never opposed, and does not oppose, a referendum.
“We are living through a national crisis, and while we can be thankful that our children and grandchildren are not going off to war, and that famine is not stalking the land, we are in the midst of a financial storm which has shaken families throughout the country, and imposed enormous stresses upon individuals, families, and communities.
“We shall persevere and prosper, but judges are very aware of the current crisis as the effects of the financial storm come before our courts every day: a trail of tragedy, fraught families, separating spouses, lost jobs, homes under siege, serious financial woes, companies being wound up, and stories of millions and billions of euros lost in the ether. In these areas, as in all others, it is critically important that judges administer justice and give an independent decision,” she said.
In this time of crisis it was particularly important the three branches of government “retain their integrity and strength and work together for the benefit of Ireland”, she said. “I look forward to working with the Government, in accordance with constitutional conventions, in the years ahead.”
She stressed the importance of a “constitutional convention” that judges refrain from engaging in matters of public controversy or political debate. “In a world of instant communication and commentary, the concept of silence may seem unusual, but it is an inherent part of our democratic tripartite system of government,” she said. “Indeed, in these difficult times the need for an institution of independence and thoughtfulness, with an obligation to maintain the rule of law, is greater than ever.
“The people of Ireland have been well served by the judiciary since the State was founded. This tradition continues in these troublesome times. It is an honour to serve in the third branch of the government of Ireland, with such colleagues, and to hold the position of Chief Justice.
“It is an office with heavy duties and responsibilities. I am very conscious of the distinguished men who have held the position previously, it will be a challenge, and I will do my best. I look forward to continue working with my colleagues in the Supreme Court, and with all my friends and colleagues throughout the judiciary.”