“When There Are Nine”: Interview with The Right Honourable Dame Siobhan Keegan, the First Lady Chief Justice of Northern Ireland
Lady Chief Justice Keegan speaks about her priorities, successes, and challenges as the newly appointed Chief Justice of Northern Ireland.
The statue of Lady Justice is said to derive from Iustitia, the Roman goddess of Justice, equivalent to the ancient Greek goddess Themis, to represent the ideals of justice and natural law.
By: Blánaid Ní Chearnaigh, Staff Member
The Right Honourable Dame Siobhan Roisin Keegan is a Northern Irish judge who was appointed as the first female Chief Justice of Northern Ireland in September 2021. She was one of the first two women to be appointed as a judge of the High Court of Northern Ireland along with Madam Justice McBride in October 2015. Prior to joining the Bench, she practiced as a barrister specializing in family law and has also practiced in criminal law and judicial reviews. Prior to becoming a judge, Lady Chief Justice Keegan, a Queen’s University alumna, graduated with an LL.B. Honours in 1993, was called to the Bar of Northern Ireland in 1994, and became a Queen’s Counsel in 2006.
This interview has been edited for clarity and length.
First of all, congratulations on your appointment to the role of Chief Justice, which is an incredible achievement. Would you mind sharing what drew you to a career in law?
I had given this some thought since my appointment as Chief Justice, as I was conscious that it would be of interest to people where I had my start as it were. I do not come from a legal background so, in a way, it is slightly surprising that I have ended up where I am. In truth, what first drew me to the field was encouragement from my career advisors in my grammar school in Newry. I was good at humanities subjects and I enjoyed public speaking and debating. While I wasn’t sure what the study of law would involve, I knew I wanted a challenge. So it was a natural choice for me. With hindsight, the seeds were clearly there although I perhaps did not recognize them at the time, such as my passion for debate, arguing, and my interest in problem-solving, as I have always been a decisive person.
Speaking at your appointment ceremony, you discussed the female pioneers over the last 100 years in entering what was a male-dominated profession and paving a way for the next generation. Who have your female role models been throughout your career?
I have talked a bit about role models in different respects, particularly strong female role models in my own family as distinct from law. I did not recognize at the time how important they were, including my aunt who was a school principal. And I think I took for granted that women could be in strong leadership positions. When I started my legal career, there were not many women practicing law in Northern Ireland. Indeed, there were only three other women who qualified in the same year as me. Over time, and very gradually, women were able to be in senior positions as a result of the strides made by Baroness Hale, former President of the UK Supreme Court, Justice Susan Denham SC, former Chief Justice of Ireland, and then also by the late Corinne Philpott QC, the first female County Court judge in Northern Ireland. As time went on, we started to see more women becoming Queen’s Counsel. And so, when I started, that was part of the problem which made me think that something needed to change. Therefore, I ploughed my own furrow which I think other women need to do. It is important to stress that the law is not unique in this regard, yet it is imperative that women find their own way by doing the work well.
What has been the hardest case you’ve been involved in and why was it difficult?
There are lots of hard cases, particularly as I have crossed into many different divisions. But I always come back to family law where I started my practice as a junior barrister. I recall one case involving the high stakes of adoption from a family. The individual I was representing could have achieved something if they had owned up to problems in their lives, which they just would not do. I tried to achieve reunification and the case went through different appellate levels, but sadly there was separation. It struck me how there is an underestimation of the impact of family law for the people affected and the professionals dealing with these kinds of cases because of the tough decisions to be made. If anyone were to ask me now about what cases trouble me the most, my answer would have to be these cases which are so final and have such devastating ramifications.
What challenges do you anticipate facing in your new role as Lady Chief Justice?
I have faced many legal challenges throughout my time spent both as a judge and a barrister. My new role, however, brings heightened challenges due to the fact that I am dealing with the most difficult cases before the Court of Appeal. Another element is the challenge of modernizing the judiciary, which has undoubtedly been accelerated by the COVID-19 pandemic as people have become aware of different methods of working. I am looking forward to what this looks like and the shape of things to come. I think it is an exciting time when we are more tuned into the changes that are going to happen to bring us into the future.
What are some issues facing the judicial system in Northern Ireland that you believe need to be addressed?
On a macro level, I believe that the issue of delay needs to be looked at. It has always been on the agenda but it continues to creep in. It is not a very healthy concept put against the administration of justice and so that continually needs to be addressed. On a micro level, I think that there has to be a better appreciation of working arrangements for the judiciary to achieve job satisfaction that ties in with collegiality. This is part of the understanding that there is a welfare element to not only being a judge but also being a legal practitioner, as people need to be able to function well to perform their roles to the best of their abilities in the interests of representing their clients and adjudicating in important cases.
Women now make up at least half of the legal profession in Northern Ireland. What measures can be taken to ensure that that number continues to increase?
I know that women now make up at least 50% of law students in universities. The issues arise in relation to women getting to senior levels in the profession, which remains a problem due to hierarchical structures which must change. It also comes down to women being encouraged to apply for these senior positions, which I think could be remedied through mentoring schemes for example. In addition, women seeing other women in higher positions assists because, as the saying goes, “you cannot be what you cannot see.” There is no issue with the number of women coming through. Rather, it lies with women coming up through the upper echelons. Personally, I am not a fan of quotas as I think that it is counterproductive. Women are as good on merit, but they don’t put themselves forward, or often they have a fear of failure. If you can tackle that, you remove some of the impediments that women face in reaching the same heights as men.
From your experience, in what ways can adjudication be enhanced by the presence of women on the bench?
I believe it is important to have women on the bench because women have to be represented as they are part of society. When it comes to adjudication, arguably it is not that women decide cases differently. I believe it comes down to everyone bringing their own life experiences to the judiciary, so in that case, I think it is more a question of individuals rather than gender. While I am not sure if research exists concerning the difference in outcomes caused by gender representation on the bench, I think it is the difference of perspective which can be brought to judicial decision-making which is important.
At a time when violent conflict, economic displacement, and a changing climate are causing increasing levels of uncertainty and fear around the world, and authoritarian, non-democratic movements are attempting to present themselves as an antidote to these concerns, how do you think Northern Ireland can play a role in shaping international discourse and discharge its responsibilities to uphold the rule of law?
Embedded in your question is a reference to the rule of law, which is core to any judge’s being because of the need to be independent and to abide by the rule of law. This has come under challenge at times, as we have seen in many jurisdictions, but judges must remain true to that concept. The judicial oath we take is to serve “without fear or favour, affection or ill will,” and the concept of separation of powers is key to this. Judges are not politicians, they are appointed and independent. Northern Ireland has its own issues which are endemic and particular to this place, but we are still dealing with issues every other country is. Therefore, whilst we are a small jurisdiction, we do have problems that transcend where we live, which is why our judges must lead by example in upholding the rule of law.
The late U.S. Supreme Court Justice Ruth Bader Ginsburg, an alumna of Columbia Law School, was once asked “When will there be enough women on the Supreme Court?” to which she famously replied, “When there are nine.” Do you agree with this statement in the context of Northern Ireland?
Ruth Bader Ginsburg was a trailblazer and a very vocal feminist along with having liberal views. I was honored to speak at an event that launched the documentary “RBG” at Queen’s Film Theatre in Belfast and to be asked questions there about her. One of the contributions I received from the audience was interesting because they thought that the real focus of Justice Ginsburg should be on the fact that she was resilient in arguing cases that were not popular and that she stood her ground, which I would agree with. I think that she was a fearsome and brilliant person. However, I am not sure that I would be brave enough to make some of the same statements that she made. But I do agree that there needs to be more women in senior positions here to reflect the profession.
An interesting observation I had about her came to mind as I was reading the autobiography of Justice Sandra Day O’Connor, the first woman to serve on the Supreme Court of the United States. Despite being 12 years apart, both women were very different from one another and exercised a very different influence over the court. Therefore, it is interesting to compare and contrast. However, in terms of gender and feminist study and theory, Justice Ginsburg was at the forefront and I deeply admired her. I am just not sure whether I could be as brave as she was, but perhaps with time I will become a bit more adventurous.
Coming to a close, do you have any final thoughts you’d like to share about the significance of your appointment and what it means to you?
From my own point of view, I am extremely proud. Northern Ireland sometimes gets a billing as being slightly behind other jurisdictions; however, there are currently no other female Chief Justices in any other neighboring jurisdictions. In this regard, Northern Ireland is at the forefront of these developments and I hope my appointment is an inspiration for young people and young women in particular. Recent generations are incredibly dynamic, and I believe that we can show that Northern Ireland has a lot to offer. I am also young to be in the position of Chief Justice, which I think shows our jurisdiction in a progressive light, and I have been energized and encouraged by young women noting the incredible importance of this.
Blánaid Ní Chearnaigh is an LL.M. student at Columbia Law School and a Staff Editor of the Columbia Journal of Transnational Law. She graduated from Trinity College Dublin with a Bachelor of Laws (LL.B.) in 2020.