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The Taoiseach has said it was not told that at least three justices had an interest in the Supreme Court position that Seamus Woulfe held in July.
Speaking on RTÉ’s News at One, Micheál Martin said that he did not feel cheated that the appointment of judges should not be for political negotiation.
He said the Judicial Appointments Advisory Board had selected Seamus Woulfe and had no difficulty in ratifying that appointment, adding that the less political involvement in appointing judges, the better.
“For me, the appointment of judges should not be for a political negotiation. JAAB had selected Seamus Woulfe and, as far as I am concerned, that was it from my perspective,” he said.
Mr. Martin said he does not know if the Tánaiste knew if other judges were interested in the position.
“My general opinion on this is that the less political involvement in the appointment of the judges, the better. And that is why I was glad to step back and say okay, JAAB, as you did the nomination here.
“I am happy to ratify that nomination.”
Labor leader Alan Kelly said it would not be acceptable for the Taoiseach to sit in the cabinet with Justice Minister Helen McEntee if she did not inform him that three other justices had requested to be appointed to the Supreme Court.
He said very serious issues had been raised in a report in the Irish Times that other justices had written to the Government expressing interest in the Supreme Court vacancy, but that the leaders of Fianna Fáil and the Green Party were not informed.
Kelly said there are two scenarios at play.
“Either the Minister of Justice made this appointment solely or possibly with the knowledge of the Tánaiste and did not inform the Cabinet members of other applicants.
“In doing so, he did not inform the Taoiseach. The idea that the Taoiseach could sit in the cabinet with a Minister of Justice who did not inform him that three other judges had applied for the position raises questions about whether it is sustainable for them to sit together in the future “.
He said that the alternative, which he said has been denied by the Taoiseach, is that this was part of an understanding or agreement related to the Government Program negotiations.
“I have to accept the Taoiseach at his word that this is not the case because if it were the case, it would essentially undermine our democratic process and undermine the entire judicial process and the appointments process.”
Kelly said he seeks an immediate statement from the Taoiseach, Minister McEntee and Tánaiste Leo Varadkar on the matter.
Taoiseach to meet with party leaders about the Woulfe showdown
Mr. Martin will meet with all the party leaders this afternoon to discuss the Supreme Court showdown over the position of Mr. Justice Woulfe.
Mr. Martin described the situation surrounding Judge Woulfe as “very serious and serious.”
The Taoiseach said the meeting will seek to agree on a collective approach to the issue, which has emerged as a result of the Supreme Court justice’s attendance at an Oireachtas Golf Society event in August.
Judge Woulfe was among more than 80 guests, including then-agriculture minister Dara Calleary and EU commissioner Phil Hogan, who attended the event, despite Covid-19 public health guidelines imposing limits on the indoor meetings.
Mr. Calleary and Mr. Hogan subsequently resigned, as did Jerry Buttimer, who resigned as Seanad Leas-Cathaoirleach.
Mr. Martin said that the consideration of an impeachment motion in relation to Mr. Judge Woulfe’s position depends on the opinions of other members of the Oireachtas.
Martin said he wants to get an idea of how other party leaders view the situation today.
“I want to meet with the other party leaders today to get an idea of how they see this. His serious seriousness is,” he said.
“The separation of powers is something I very much appreciate. It is a crucial part of our democracy.”
He said his role as Taoiseach is to ensure that there is trust in the legislative system and the judiciary.
“That is the goal I have in engaging in these conversations with opposition leaders. So I am not anticipating what may emerge from this. Suffice it to say that I am determined to maintain the integrity of our system.
“And we do everything we can to protect the Supreme Court itself, in terms of its performance and in terms of its public perception and the centrality of the Supreme Court and the general orientation of our system.”
The leaders of the three government parties met last night with Attorney General Paul Gallagher to discuss the situation.
Minister McEntee also attended the meeting.
Correspondence published at the beginning of the week showed that Chief Justice Frank Clarke had told Justice Woulfe that he should resign.
The opposition parties had then asked the Oireachtas to address the issue, and some even questioned whether its position was sustainable.
However, there has been a change of tone as the week progressed, with all parties taking a step back before deciding which way to go.
Party leaders are likely to seek more information from the Attorney General’s advice on this.
The parties will have to consider whether Mr. Justice Woulfe’s actions meet the threshold of declared misconduct that is required under the Constitution to initiate a process to remove a judge.
It is also accepted that this is something they would have to be sure of before taking any action that could change the relationship between politicians and the judiciary in the future.
Sinn Féin said he is keeping an open mind on how to proceed from there, while TD Paul Murphy, who is willing to table a Dáil motion on the matter, said he will wait to hear what the Taoiseach has to say.
On RTÉ’s Today show with Claire Byrne, Sinn Féin frontman Mary Lou McDonald said she hopes they will receive “full and proper information” about the controversy at the briefing.
He said they want to hear what the government has to say and also hopes that the Attorney General’s advice will be shared on the matter.
“The fact that is publicly known is that the Chief Justice has suggested by letter, which is now a matter in the public domain, that Judge Woulfe should resign,” he said.
He said that clearly creates a problem around the sustainability of Mr. Justice Woulfe’s position.
“The problem now is how do you comply with the rules and respecting and recognizing the divisions of powers, how do we handle that?” she asked.
On the same show, People Before Profit TD Richard Boyd Barrett said that Mr. Judge Woulfe’s position is untenable and that the debate surrounding the matter is downplaying more important issues in relation to Covid-19.
Mr. Boyd Barrett said that “the Oireachta would not need to act if Seamus Woulfe simply backed off.”
Additional reporting Mary Regan
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