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Updated 21 minutes ago
THE TAOISEACH HAS confirmed that the government will not take “further steps” in the ongoing controversy over Seámus Woulfe’s position on the Supreme Court.
The decision was made in the Cabinet this morning and effectively rules out an impeachment motion that is being presented by the government. However, a member of the opposition can still reject such a motion.
Today’s cabinet decision also makes it unlikely that any impeachment motion brought by the opposition will win the support of the coalition parties.
Confirming the government’s decision in the Dáil this afternoon, Micheál Martin said that the standard set for removing a judge was “a deliberately high constitutional standard.”
It is the consequence of a letter published by Chief Justice Frank Clarke to Woulfe, where he stated his personal opinion that Woulfe should resign from office in the wake of the controversy caused by his attendance at the ‘Golfgate’ dinner.
In today’s Dáil, Martin said that the judiciary has undertaken a “transparent and comprehensive process” following Woulfe’s attendance at the dinner.
“The government fully supports the Supreme Court and recognizes the importance of protecting its collegiate nature and its concern for maintaining the highest standards,” said the Taoiseach.
The government notes the important distinction between a resignation and the deliberately high constitutional standard of removal for declared misconduct. After very careful consideration and having listened to opposition leaders on this matter, the government believes that the constitutional protection of the judiciary is best achieved in this particular case if no further action is taken.
In response to the Taoiseach’s statement, Sinn Féin leader Mary Lou McDonald said the Chief Justice’s opinion on Woulfe’s position “remains problematic.”
“I think there should be some mediated solution to this particular problem,” he said.
Meeting
Last week, the Taoiseach met with opposition leaders to discuss what approach could be taken collectively to address the Woulfe controversy. However, no consensus was reached on how to get out of the stalemate.
Opinions were divided among party leaders on how to proceed.
Talking to TheJournal.ie After the meeting, Social Democrats’ co-leader Catherine Murphy said party leaders must consider the “long-term consequences” of proceeding, and will also have to “make a judgment” on legal advice to the Oireachtas when it is received. .
“We all want this to be resolved quickly,” he said, but indicated it could be a longer process than some would like if the call is made to continue.
Today’s decision by the government in the Cabinet will also mean that the focus on Woulfe’s appointment process to the Supreme Court will now take center stage.
The government is facing increasing pressure from the opposition to facilitate a question-and-answer session with Justice Minister Helen McEntee on Woulfe’s appointment to the Supreme Court earlier this year.
Various parties and groupings such as Sinn Fein, Labor, Social Democrats and the Independent Rural Group seek every day for him to reserve time to answer questions.
The opposition has concerns about the selection process, after it emerged last week that Cabinet was not told in July that several other justices had expressed interest in the vacancy on the Supreme Court before Woulfe was selected.
Speaking on the matter last week, the Taoiseach said that only one name is brought into Cabinet when a judge is appointed.
Woulfe had gone through the judicial appointments advisory board (JAB) process, he said. He said they did not tell him that other judges had expressed interest.
He said the advisory board is made up of the senior judges themselves and that they had selected Woulfe. “As far as I’m concerned, that was from my perspective,” Martin said, adding that “he had no difficulty in ratifying that.”
Speaking this morning, ahead of what is expected to be a heated Agenda session at the Dail, Sinn Féin leader Pádraig Mac Lochlainn said:
“We do not intend to leave things like that, today there will be voting on the agenda. But it will continue in the coming weeks until the Minister enters the Dáil to give an account of the process that led to this decision.
Meanwhile, Labor leader Alan Kelly said:
“I think the government has to allow questions today so that we can deal with this once and for all and find out in a transparent way. I think Justice Minister Helen McEntee has a great choice today, regarding what she articulates to the chambers regarding this process. “
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Co-leader of the Social Democrats, Catherine Murphy, said McEntee should go to the Dail to outline the judicial appointments process.
“It is not entirely clear what balance is given between the judicial appointment process and the direct request of the judges,” he said.
“I think it is absolutely essential for the Minister of Justice to come and explain that so that we can do our job and hold them accountable.”
With a report by Rónán Duffy
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