Mitchell statement `offensive'

GOVERNMENT sources are refusing to be drawn into the exchange of words between Minister of State Mr Gay Mitchell and the Chief Justice, Mr Justice Hamilton, over the role of judges in tackling the crime problem.

The Chief Justice said he found Mr Mitchell's statement that judges must be asked what they do to earn their keep "particularly offensive".

He was commenting on the controversial statement made by the Minister of State at the Taoiseach's Department during the one day special Dail debate crime last Thursday. Referring to the number of judges appointed recently, Mr Mitchell said. The judges have got away with murder for long enough. They have a well remunerated, difficult job and are honourable, but they must be called to account.

Mr Justice Hamilton said he was satisfied the people of Ireland well knew what judges at all levels did to earn their keep.

He also responded to Mr Mitchell's statement that "we are entitled to say to the judges that we have had enough of their interfering with, to legislature and the executive.

The Chief Justice said. "Such a statement illustrates that Minister Mitchell has no understanding of the separate roles of the three organs of government provided for in the Constitution. The responsibility placed on members of the judicial arm of government is to uphold the Constitution and the law. The three organs of government, the Judiciary, the Legislature and the Executive have separate functions under the Constitution, but each such organ is subject to the provisions of the Constitution and the law."

He added that the courts in many decisions had acknowledged the separate roles of the legislature and the executive and had shown respect for laws passed by the legislature and acts done in pursuance thereof by the executive and "has only interfered when either the executive or the legislature has acted contrary to the provisions of the Constitution".

Mr Justice Hamilton said the obligation placed on each of the organs of government was to respect and so far as practicable to defend and vindicate the personal rights of the citizens in this State.

"Should either the legislature or the executive fail to fulfil its obligation in this regard, the judiciary, in the fulfilment of their constitutional obligation, are not only entitled but obliged to interfere," he said.

He said a history of the judgments of the courts since the institution of this State would show that the courts had been vigilant in this regard. "In addition, the courts have been obliged to deal with many social issues which have been neglected by the legislature," Mr Justice Hamilton laid.