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Labor Party leader Alan Kelly has said the legislature will have to act if a stalemate continues over whether Supreme Court Justice Seamus Woulfe should resign due to his attendance at a golf dinner in Galway in August.
The Attorney General has been asked to advise the Taoiseach and the Government on the controversy surrounding Supreme Court Justice Seamus Woulfe and his attendance at the event despite Covid-19 public health guidelines setting limits on meetings in interiors.
Then Agriculture Minister Dara Calleary and EU Commissioner Phil Hogan subsequently resigned, as did Jerry Buttimer, who resigned as Seanad Leas-Cathaoirleach since they had attended the dinner.
Opposition politicians have called for the Oireachtas to address the matter, following the publication of correspondence showing that Chief Justice Frank Clarke told Justice Woulfe that he should resign.
Sinn Féin said that it was untenable for Judge Woulfe to remain in office and that the Minister of Justice should make a statement without delay.
Justice spokesman Martin Kenny said it is a difficult and unprecedented situation, but while we must be respectful of the judiciary and be careful not to undermine it, this situation cannot continue and a clear path must be established to address the affair.
Speaking on RTÉ’s Morning Ireland, Mr. Kenny said that this is not just a problem for the opposition, but for the entire Oireachtas.
Co-leader of the Social Democrats, Catherine Murphy, said that Justice Woulfe has demonstrated an incredible lack of judgment for a Supreme Court justice and that his position is now without a doubt untenable.
Read more:
AG asked to advise the government on the Woulfe controversy
In full: Letters between the Chief Justice and Seamus Woulfe
The Labor Justice spokesman has said that “we cannot do anything” about the controversy.
Speaking on RTÉ’s Today with Claire Byrne, Brendan Howlin said that since there are no judicial mechanisms left to solve the problem, it will fall to the Oireachta.
However, he cautioned that this must be done in a very public, clear, transparent and impartial manner.
This, he said, is a situation where each member of the Oireachtas will have to make an independent decision and it will not be a matter of party whips or party positions.
He added that anyone who has been involved in the prior determination of the problem by making a call in one way or another should refrain from making any decision about it.
Howlin said that no member of the Oireachtas wants to participate in the process because they are very aware of the separation of powers.
Meanwhile, an assistant professor of law at Trinity College Dublin says Chief Justice Clarke has made it clear that he has no power to demand, or even ask, that Judge Woulfe resign, but has expressed his personal opinion of that the administration of justice has been undermined. for their behavior and this “is an extraordinary and unprecedented step” that highlights the seriousness of the matter.
Speaking on RTÉ’s Morning Ireland, Dr. David Kenny said there are only two ways for a judge to leave the court before retiring: resign or be charged with outright misconduct.
The second procedure, he said, can only be done by Dáil or Seanad, so “now the ball is in the field of politics.”
He added that there is no definition of declared misconduct, noting that Judge Denham’s report concluded that attending the Clifden dinner alone should not be grounds for calling for Judge Woulfe’s resignation.
Dr. Kenny said that Judge Woulfe would be entitled to a fair procedure if there was some kind of investigation by an Oireachtas committee and ultimately if he felt that he was treated unfairly, could take a case to court, which that it would be a very difficult situation. .
A retired judge says he can’t see the controversy go to impeachment.
On RTÉ’s Today show with Claire Byrne, Michael Patwell said that he condemns the golf dinner at Clifden, but that “it is not serious enough.”
However, he added that Judge Woulfe (and Mr. Hogan) mishandled the situation.
He said he believes the Chief Justice has cornered himself and the Supreme Court.
Judge Patwell said that if Judge Woulfe has discredited the judiciary, then impeachment proceedings should begin.
He said that there is no legal sanction available and that the Chief Justice would have been better off keeping his opinion to himself.
Michael Patwell said if he were in Judge Woulfe’s position, he would stay there.
Speaking about the same program, former Justice Minister Shane Ross said that it is an absolutely incredible situation and that the Supreme Court has been cornered.
He said that Judge Denham had recommended that Judge Woulfe remain in his post, which has now been directly contradicted by Chief Justice Clarke.
Ross said the Supreme Court was spooked by the situation and sent it to politicians who “don’t want to touch it.”
He said that Mr. Judge Woulfe should leave and the situation would be resolved, adding that judges should be held to the same standards as politicians and others.
Laura Cahillane, a law professor at the University of Limerick, said she was very shocked and surprised to see the letters published yesterday.
Dr. Cahillane also said that there is a big difference between Calleary’s resignation as minister and retaining his job as TD, and while Judge Woulfe may return to practice as an attorney, he has experienced great damage to his reputation. and may not want to.
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