Judiciary considered suing the State over pay dispute, new book reveals

In The Supreme Court, former Irish Times legal affairs correspondent Ruadhán Mac Cormaic reveals that judges sought legal advice from a barrister in 2013 and were told their case was a strong one.

The book reveals that, by taking legal action against the State, the scene was set “for a sensational public stand-off between two arms of government”.

Ultimately, the executive committee of an association established to consider the issue opted instead to negotiate with ministers, resulting in a bargain that the differential between new judges and those already holding office would be phased out.

And while some disgruntled judges were still unsatisfied, they never actually brought a case themselves – as they had threatened.

The book describes the divisions on the bench and, in a dramatic scene, several Supreme Court judges in the Four Courts are said to have “shouted at each other across the conference table”.

Mr Justice John Murray, then chief justice and Ms Justice Susan Denham opposed plans to issue a statement on the judges’ stance in relation to the dispute. However, Mr Justice Hardiman, as well as others, were in favour of doing so.

The book says the meeting was “one of the most difficult anyone could remember”.

The Supreme Court, published by Penguin Ireland, is out now.