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Updated 49 minutes ago
TAOISEACH MICHEÁL MARTIN has said that party leaders should meet “without prejudice” to discuss the ongoing controversy surrounding Supreme Court Justice Seamus Woulfe.
The Taoiseach’s suggestion comes as the Ceann Comhairle warned TDs not to comment on the controversy should they be asked to “comment on the matter.”
The possible removal of a judge is possible under article 35.4 of the Constitution for “declared misconduct”, but this would have to be approved by both the Dáil and the Seanad.
Any DT can file an impeachment motion of this type for the above reason, as described by law professors Laura Cahillane and David Kenny.
The discussions came after it was revealed last night that Chief Justice Frank Clarke had informed Woulfe of his personal opinion that Woulfe should resign from the state’s highest court.
The move came after the fallout from Woulfe’s attendance at the controversial Oireachtas Golf Society dinner in Clifden in August.
Clarke told Woulfe in a letter dated November 5 that it was “the unanimous opinion of all members of the Court” that the matter had caused “significant and irreparable damage” to the court.
A review of Woulfe’s attendance at the dinner by former Chief Justice Susan Denham found it would be “unfair and disproportionate” for the judge to resign, and he subsequently refused to do so.
Labor’s Brendan Howlin previously said that “the non-Oireachtas process has completed itself” and that TDs and senators may have to intervene.
The government had sought the advice of Attorney General Paul Gallagher on the matter and said this afternoon that the Attorney General had outlined the “serious constitutional issues that now arise.”
“Members of the government, who are also members of the Oireachtas, are well aware of the sensitivity and seriousness of the problems and of the need to ensure that all stakeholders fully respect the constitutional framework. This includes avoiding inappropriate public comments, ”the government said in a statement.
The government agreed that it will continue to reflect on these issues.
Referring to the AG advice this afternoon, TD Martin Kenny from Sinn Féin asked Justice Minister Helen McEntee to come to the Dáil to describe the advice that was received from the AG.
“I think it is important that we build the maximum consensus among all parties and groups in this chamber to try to find a way to move this forward,” he said.
In response, the Taoiseach said they would like to meet with party leaders on the issue.
“It would be my intention to seek a meeting with the party leaders, where we can jointly assess the situation without prejudice. And I am aware of the comments that representatives of different parties have made this morning, in a constructive vein, ”said Martin.
This is a very serious issue, fundamental to the separation of powers, at the very heart of our Constitution. So we have to respond in an appropriate and very serious and sensitive way.
Emphasizing sensitivity around the issues, Ceann Comhairle Sean Ó Fearghaíl warned TDs this afternoon to be careful what they say.
“Regardless of how this matter may proceed, I must point out that the members of this chamber are in a different position than others in relation to comments to the extent that they may ultimately have to rule on the matter in accordance with the Constitution, the legislation and the position orders, ”said Ó Fearghaíl.
Therefore, it is critical that members do not comment on the issue either on the floor of the house or elsewhere in a way that gives rise to a perception of bias, as this could act as a serious impediment to their ability to fulfill your important responsibilities. constitutional functions, if required in the future.
Sustainable
In a statement last night, Martin Kenny TD said it was “not a desirable or frankly sustainable situation” for Woulfe to remain on the court.
Speaking to reporters earlier, the Sligo-Leitrim TD said it was not expressing its own opinion, but rather was reflecting that of the other members of the Supreme Court.
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“What I said last night is that I reflected what the judiciary had said, I continue to do that,” he said.
Kenny added that the situation was “fraught with difficulties” but that the judiciary has had “a big problem” with the way Woulfe has handled the situation.
The co-director of the Social Democrats, Catherine Murphy TD, said it would be very cautious to initiate an impeachment process against Woulfe because “he has not violated any laws.
“There is talk of an impeachment process, but we really have no basis for knowing how it would unfold,” he said.
I think there will be a lot of caution in this regard. It is very difficult to know how it will develop. Obviously, he has lost the trust of all his colleagues on the Supreme Court, it really is up to him to consider that.
On the possible removal of Woulfe by the TDs and senators, Murphy added: “I think it would be very difficult to see him succeed since there was no broken law. And I think there will be a warning about starting something that is weak to begin with. And that doesn’t mean it’s a very important matter of judgment. “
Labor Aodhán Ó Ríordáin said politicians should be cautious about what they say on the matter,
“We have to be careful what we say now. And there could be another case in 5 to 10 years, we don’t know. So if you take the Constitution seriously, you take your role in politics seriously. Then you know that the statements you make are going to have an impact. “
Speaking on RTÉ’s Today with Claire Byrne, Labor Justice spokesman Brendan Howlin said that if the TDs and senators removed the judge it would be “a very unique process for us.”
“Ultimately, we are now in a situation where the non-Oireachtas process has completed itself and there are no other options. The Constitution offers choices that may well be taken. But I want to make it very clear that in all this, if there is a procedure that involves invoking article 35.4 of the Constitution, the Dáil and Seanad if you want, it becomes a decision room regarding the dismissal of the judge.
“And that is a very unique role for us. One frankly that politicians do not normally do well in terms of us being a kind of adversarial institution. And we have to have an absolutely fair procedure, that’s very clear. “
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