[ad_1]
Taoiseach Micheál Martin will meet with opposition leaders to seek a cross-party consensus to address the crisis in the Supreme Court, following Supreme Court Chief Justice Frank Clarke’s suggestion to Judge Séamus Woulfe that he should resign.
It is widely expected throughout the Government and Opposition that this is likely to lead to a process that could result in the removal of Judge Woulfe from his post by votes in the Dáil and Seanad.
The unprecedented crisis of the judiciary was transferred yesterday to the political sphere, since the possibility of an impeachment process was widely discussed between government and opposition politicians.
Attorney General Paul Gallagher briefed Cabinet yesterday on “serious constitutional issues” arising from the differences between the Chief Justice and Justice Woulfe over his attendance at the Oireachtas golf dinner and his subsequent response to the controversy. Under the Constitution, a judge can be removed from office by votes of the Dáil and Seanad for “misconduct or declared incapacity.
Consider the correspondence
In a statement after the weekly Cabinet meeting, the Government said it would consider the correspondence between Judge Clarke and Judge Woulfe, which was published Monday night.
“The 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 statement said.
“The Government agreed that it will continue to reflect on these issues.”
Behind the scenes there are intense debates in the Government about the way forward. However, there is a growing sense in Leinster House and in government circles that it will be very difficult for Mr. Justice Woulfe to remain a member of the Supreme Court given the comments of the Chief Justice and the opinions of other members of the court. There was no expressed support for him in the Cabinet, it is understood.
Indictment process
Later, in a sign that an impeachment process under article 35 of the Constitution was becoming increasingly likely, Ceann Comhairle warned TDs to exercise “the utmost care in any comments” they made regarding The issue.
Sean Ó Fearghaíl said it was “crucial” that the TDs “do not comment on the matter, either on the floor of the House or anywhere else in such a way as to give rise to a perception of bias.” He said that “this could act as a serious impediment to its ability to perform its important constitutional functions.”
TDs from all parties were cautious in their comments on the issue yesterday, although TD Paul Murphy, who previously called for the resignation of Judge Woulfe, said the Rise-Solidarity-People Before Profit grouping would likely decide today whether to leave a motion seeking to remove it under article 35.
If a motion, which can be made by any DT, to remove a judge is brought before the House, the DTs must vote to accept or reject it.
If approved, a special committee will be established to investigate the accusations against the judge, although it cannot make conclusions or recommendations. The committee’s report would then inform a process in the Dáil in which the judge, and their legal representatives, would have the right to address TDs in their defense, before a vote is held on their removal.
[ad_2]