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Remarksat a Reception for Representatives of the European Network of Judicial Councils

Áras an Uachtaráin, 9th May 2012

A Dhaoine Uaisle, Mesdames, Messieurs,

It gives me great pleasure to welcome you all to the Áras this evening. I know that many of you have travelled considerable distances to be here, but I have every confidence that your time in Ireland will prove interesting and constructive. I would like to thank the Honourable Mrs Justice Susan Denham for her assistance in organising this visit.

As President and also as a sociologist, I have a keen interest in people and the supports they have in their communities which help them to lead safe and fulfilling lives. Law, I believe, is very much part of the support system and structure which helps us all to live together in society.

It is interesting that in Ireland a native system of law dating from Celtic times existed until the 17th century when it was finally replaced by English common law. Our early indigenous system was known as Brehon law and was administered by Brehons, or ‘breithimh’ in Irish, which means judges. However, the function of the Brehon was closer to that of an arbitrator than to a judge. It may surprise some people to know that this law was quite advanced in many ways. ‘It recognised divorce and equal rights between the genders and also showed concern for the environment. In criminal law, offences and penalties were defined in great detail. Restitution rather than punishment was prescribed for wrongdoing.’1 It was obvious to our ancestors that a system of law was needed to reflect and address the issues and concerns of the time and in particular to serve and protect its people.

Today, law is required to do many of the same things. While it brings together the values of society, it also balances the needs and rights of our citizens in a world that is undergoing constant changes.

The European Network of Councils for the Judiciary, as a relatively new institution of the EU, was formed to bring together all the Judicial Councils of the Member States. Ireland was of course a founding member of this institution in 2004 along with Belgium and the Netherlands. The very establishment of your institution, which seeks to improve cooperation and share expertise between judicial councils, reflects the high value placed on what can be gained through collaboration.

Though our laws are fundamental to us as a society, they also need to be set apart to ensure the independent delivery of justice. Your institution seeks to support the judiciary in this very manner. You know the value of objectivity and above all fairness when it comes to implementing changes or improving current systems that will ultimately affect our citizens and indeed all of us as a society.

You have a phenomenal work programme ahead of you for the General Assembly meeting here in Dublin. It is most impressive and highlights a range of topics from ‘Justice, Society and the Media’ to ‘Requests for Co-operation.’ I would like to wish you well in your endeavours here.

I would like to thank you most sincerely for taking the time to visit here at the Áras. (OPTION - Je vous souhaite une très bonne soirée ) Enjoy your visit to Dublin.

Go raibh mile maith agaibh.

1http://www.courts.ie/Courts.ie/library3.nsf/0/3CBAE4FE856E917B80256DF800494ED9?opendocument