The Minister for Defence's commentary on High Court judgments on Army deafness claims has been strongly criticised by two members of the Fine Gael front bench, writes Geraldine Kennedy.
Ms Frances Fitzgerald, spokeswoman on defence, said Mr Smith needed to accept that the State had a legal system which upheld individual rights and which made a clear distinction between the executive and the judicial system.
"The Green Book is in place, the courts are using it, so rattling the cage whenever the interpretation is other than his own serves no useful purpose," she added.
Mr Alan Shatter, health spokesman, said it was not acceptable that a minister did a daily public analysis of decisions by the judiciary in proceedings to which he was a party, and variously praised or attacked judgments.
Where a decision was delivered against the State and a minister as head of a department, it was open to the minister who was unhappy to appeal against such a decision.
"The behaviour of the Minister for Defence in recent weeks has fundamentally violated the doctrine of separation of powers and was setting a very dangerous precedent which, if followed by other Government ministers, could undermine public confidence in the judiciary", Mr Shatter said. If other litigants made public comment on court decisions and criticised members of the judiciary, they would be at risk of being found in contempt of court.