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It is understood that Seamus Woulfe’s name was referred to then-Attorney General Charlie Flanagan in March by the Judicial Appointments Advisory Board for consideration for the Supreme Court vacancy.
The Chief Justice had written to Mr. Flanagan on February 4, 2020 requesting that the vacancy on the Supreme Court be filled.
Flanagan wrote to the Judicial Appointments Advisory Board on February 17, 2020 to request a list of suitable candidates for this vacancy.
JAAB, which is chaired by Chief Justice Frank Clarke, met on March 9 to consider the applications received.
It is understood that there was only one request: since then the Attorney General, Seamus Woulfe.
The JAAB referred his name to the Minister of Justice, as he was deemed to have the appropriate qualifications for the position.
Flanagan has declined to comment.
At least three senior judges have been found to have addressed the government directly expressing interest in the position.
Justice Minister Helen McEntee did not bring Seamus Woulfe’s name into cabinet until July 15, when the decision was made to nominate him for appointment to the Supreme Court.
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Taoiseach Micheál Martin has said he was not told that other judges had come forward. He said that before the formation of the government, Tánaiste Leo Varadkar told him that Judge Woulfe had gone through the JAAB process and that his appointment would likely come before the cabinet.
A spokesperson for Ms. McEntee said expressions of interest from serving judges and other eligible judges were considered.
He said the practice in relation to judicial appointments is for the proposing minister to only bring one name to the Cabinet.
The Government has rejected the opposition’s demands for a debate with the Minister of Justice on the appointment process, claiming that it could encroach on the functions of the courts.
Fianna Fáil TD Barry Cowen has said he can understand the reasons why the government has said it will not answer questions about the appointment, but said it will await advice and direction on the matter that is expected to come from the Ceann Comhairle.
Speaking to RTÉ’s Today with Claire Byrne, former Agriculture Minister Mr. Cowen said that the process under which judicial appointments are made has been there during that time and has not resulted in any impeachment in the past, with judges who have been appointed to all courts. to date they have shown themselves capable of doing their job.
He said the Minister of Justice complied with the current appointment process, which is all that can happen unless the process is changed.
He said that the Minister of Justice “is doing his job” following the rules and regulations in force when making the appointment and the rest of the Cabinet accepts that decision.
Speaking on the same show, Sinn Féin’s Pádraig Mac Lochlainn reiterated his party’s call for Ms McEntee to appear before Dáil to answer “very serious questions.”
He said there are serious doubts as to why the Taoiseach was only aware of one name coming forward for appointment “when we know that the Taoiseach, the Attorney General and the Minister of Justice are supposed to collectively make this decision.”
He said it is “absolutely extraordinary” that the names of three other candidates and their qualifications have not been presented to the Cabinet.
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