The new Chief Justice has said the judiciary is not, and never has been, opposed to a referendum on judges’ pay.
Mrs Justice Susan Denham, who was formally appointed to the position by the President today, said judges were not immune from the effects of the economic crisis.
“Judge are not, nor have they ever been, opposed to playing their part in sharing the financial pain required of everyone in this difficult time,” she said.
Her comments follow months of wrangling between the Government and the judiciary over the Coalition’s plan to hold a referendum on judges’ pay in the autumn.
Mrs Justice Denham, who is the first woman and the first Protestant to hold the position of Chief Justice, replaced Mr Justice John Murray, who retired on Friday.
In a brief ceremony in Áras an Uachtaráin today, Mrs Justice Denham made the constitutional declaration in the presence of President Mary McAleese, her husband Dr Brian Denham, Taoiseach Enda Kenny, Attorney General Máire Whelan SC and Minister for Justice Alan Shatter.
In a short statement issued after the ceremony, the Chief Justice said the population was living through a national crisis.
“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.”
She said judges were acutely aware of the effects of the current downturn, describing how “a trail of tragedy, fraught families, separating spouses, lost jobs, homes under siege" were coming before the courts on a daily basis.
“In these areas, as in all others, it is critically important that judges administer justice and give an independent decision."
Mrs Justice Denham also said the time had come to develop a judicial council in Ireland, to support the judiciary and provide assurance to the public that all judges maintain our traditional high judicial standards.
“With the growth in the number and complexity of cases coming before the Supreme Court and the Court of Criminal Appeal, the State would be well served by a Court of Appeal; and we need to develop a 21st century infrastructure for the judiciary of Ireland,” she said.
The judge also referred to the "constitutional importance" of judges refraining 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."
"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," she said.
With the recent appointment of Ms Whelan SC as Attorney General, Mrs Justice Denham's appointment means the two most senior legal positions in the State are now occupied by women.
