‘How can I do the work the Government expects . . . when they won’t give me the judges?’

A senior judge has sharply criticised the Government for a shortage of judges and says he cannot implement the law unless more judges are appointed. Judge Raymond Groarke, who is the president of the Circuit Court, says he he cannot obey the "legislative strictures" governing some cases because of a shortage of judges.

“How can I do the work the Government expects me to do when they won’t give me the judges I need?” he asked.

Minister for Transport Shane Ross has said he will not consent to the appointment of any judges until new legislation governing judicial appointments is passed. An early draft of the legislation – the heads of the Bill which describes the intention of each section – is due to be published in the coming weeks. However, it will be months at the earliest before the Bill is passed.

Asked about the judge’s comments, Mr Ross said: “I assume this is out of context. A senior member of the judiciary would not normally be expected to disobey the law of the land. A Government decision to reform the system of judicial appointments, in a radical but responsible manner, has been taken. There is no intention to upset individual judges. We are equally anxious to fill any vacancies speedily but under a new, transparent, democratic system.”

Three judges short

Judge Groarke was speaking during a case in which he was asked by counsel to set an early date for a hearing, as required by legislation. He said he was already three judges short of the court's quota and, due to new developments, he would be five short by the beginning of the new legal term in January. He said that in the new year he had to provide a judge for sittings of the Special Criminal Court and another judge was due to take sick leave involving surgery which would leave him five down.

Judge Groarke said if the Government was not prepared to give him judges, “I just can’t obey their legislative strictures”.

A spokesman for the Tánaiste and Minister for Justice Frances Fitzgerald said: "The management of the business of the Circuit Court is a matter for the president of the court and the management of individual cases is a matter for the court before which a case is being heard. The Tánaiste cannot comment on decisions which are made by a judge in any case before the courts."

In a statement, he said the Department of Justice had been working “intensively” on the new Bill.

Ms Fitzgerald told The Irish Times at an event in Dublin last night: "I have always made it clear the requirements of justice on an ongoing basis will be taken into account. There is no Cabinet decision in relation to not appointing judges. I've always said we will consider the ongoing needs in relation to the judiciary . . . Obviously I'll be examining the needs on an ongoing basis and that has to be kept under constant review in the interests of justice."