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Tánaiste Leo Varadkar told Justice Minister Helen McEntee that he thought Séamus Woulfe would make a “good judge” during a conversation before making a decision on a Supreme Court appointment, it emerged Thursday.
During a question and answer session at the Dáil about her role in the process of appointing Judge Woulfe to the highest court in the state, Ms. McEntee insisted that, despite that conversation, Mr. Varadkar “did not said that would be the case. ” that the former attorney general be appointed.
She said, “I didn’t make the decision then.” He added that there were two subsequent cabinet meetings in the meantime before submitting a recommendation to the Government for the appointment of Mr. Justice Woulfe.
Ms McEntee also told Dáil that there were five expressions of interest in the Supreme Court vacancy of sitting justices. It was initially thought that three sitting judges had shown interest in the position.
She told Sinn Féin justice spokesman Martin Kenny: “I had an informal conversation with my colleague, with the Tánaiste. He informed me himself that there was a vacancy, that Séamus Woulfe had passed through the JAAB [Judicial Appointments Advisory Board] process.
“I informed him that I was already aware of that. He also informed me, or I suppose he had an opinion, that he thought Séamus would be a good judge. “
The minister later told the TDs that “of course I took it into account.”
But she said, “I didn’t make a decision at the time because at that time, I didn’t have all the other names” showing interest in the position.
He said he received those names in a draft memo on July 6 and discussed all expressions of interest for the position, the only recommendation through JAAB, which was to Mr. Judge Woulfe, and the other sitting judges eligible for this position.
Department officials originally informed her of the vacancy during a briefing the day after her appointment as minister in late June.
The minister answered questions from the opposition on Thursday following statements from all parties and groups in the Dáil on the ongoing controversy over the appointment of the former court attorney general after it emerged that the acting judges had also expressed interest in the vacant.
Ms. McEntee strongly defended her role in the appointment and insisted that she had always acted in accordance with the law.
Mr. Kenny told her that she was telling a “story” that there was a process involved in the decision and claimed that she and Mr. Varadkar had made the decision. It was a Fine Gael decision and Taoiseach Micheál Martin was left out of the loop, he said.
But the minister insisted that she had taken the time to review the JAAB process and the roster of judges. “After that process I spoke with all the [Government party] leaders and based on their responses I made a recommendation ”.
But the co-leader of the Social Democrats, Catherine Murphy, said that the mere fact that there was an informal conversation with Mr. Varadkar was an “intrusion into the process” and that the tánaiste was “practically saying” that I would really like to see this person . set'”.
He asked who else Ms. McEntee had spoken to on the subject. The minister said she had not discussed the issue with the former justice minister or with Judge Woulfe. She had had an “informal” conversation with the Tánaiste but “he didn’t tell me that this [appointment] it was going to be the case ”.
She said there were no specific criteria that she could consider when making the decision. There were no lists or “boxes to check.” She said, “I have to use my judgment and apply my own set of criteria.”
McEntee said expressions of interest from the five sitting judges went to the Attorney General’s office and then directly to his office.
Independent TD Catherine Connolly told the Minister that “you can imagine what this sounds like” that five acting judges send their expressions of interest to the attorney general’s office when a former attorney general has an interest in being promoted, “and no one reflects on that as a procedure and practice ”.
Ms. McEntee said that “the process is what it is.” He said he was working on an update of the current process and legislation.
Ms. Connolly also asked if Mr. Varadkar had an opinion about the acting judges seeking promotion. Ms McEntee said that “there was no further discussion about other names because at that time I had not received any other names.”
Labor TD Brendan Howlin said that Ms McEntee was probably the first justice minister in history to personally determine a Supreme Court nomination without reference to the Taoiseach, but he told her that other former justice ministers “have clearly said that they never they brought other names [of potential candidates] to the Taoiseach ”.
Opposition pressure
The government had yielded to a question and answer session after two weeks of pressure from the opposition asking Ms McEntee to address the process of appointing the former attorney general before the highest court in the state.
Ceann Comhairle Seán Ó Fearghaíl had told TDs that they can ask about the nature of the selection process for the Supreme Court appointment, the steps involved and how it was carried out. These are all objective questions and do not invade other branches of government.
The minister cannot be questioned about the relative merits of the candidates or how they were evaluated, he said.
Ó Fearghaíl said that Cabinet-related matters, including a Cabinet memorandum on the subject, could not be consulted due to Cabinet confidentiality.
McEntee had previously said that the Judicial Appointments Advisory Board (JAAB) recommended a person, Séamus Woulfe, for the post of Supreme Court justice.
He said only one request was made through JAAB, which made the recommendation in March.
Judge Woulfe has come under fire for attending the Oireachtas Golf Society dinner in Co Galway in August which was attended by 80 people, with allegations that the event violated Covid-19 guidance.
Justice Woulfe’s attendance at the event was subject to a review by former Chief Justice Susan Denham, who concluded that she should not resign. But a transcript of his interview with Judge Denham sparked further controversy, culminating in Chief Justice Frank Clarke expressing the personal opinion that he should resign.
This unleashed a political crisis that led the government to consider an impeachment against him, which generated political pressure and focused on the initial appointment process.
Opposition comments
In opening remarks before the formal question-and-answer portion, Kenny said that Judge Woulfe’s name as a long-term Fine Gael activist had “miraculously” reached the cabinet as a nominee for the position.
The Sligo-Leitrim TD said this was a Fine Gael quote, a “done deal”. He told Ms McEntee that it was “closed long before he took office as Minister and then he signed it. That is the reality and that is why we are here today ”.
The co-leader of the Social Democrats, Catherine Murphy, said that the JAAB process was a “research process” for lawyers and attorneys and lists applicants who meet the criteria and are considered eligible, but this does not constitute a formal recommendation. He claimed that Ms McEntee kept referring to a recommendation and accused her of using that as a “cover”. He said practicing judges directly request judicial appointments from the Minister of Justice.
Ms. Murphy said that judicial experience did not appear to be considered in this case “and this is what a political appointment looks like.” He added that Ms Entee seemed “completely oblivious” to the requests of the acting judges and asked, “Did they tell you who was going to get the job?”
TD Paul Murphy said it was “outrageous” that after two weeks of ducking and diving by the government to protect the minister, Ms McEntee spoke for 10 minutes, but avoided the central question of on what basis she decided it should be appoint Judge Woulfe. He was named “because he is close to Fine Gael and was a Fine Gael activist,” Murphy said.
People Before Earnings TD Bríd Smith said that “all of our senior judges are effectively political appointees,” and they depended on which party was in power at the time of the vacancies. She told other opposition leaders that they might express outrage next week by supporting the Rise-Solidarity-People Before Profit motion to impeach Judge Woulfe.
Ms. Connolly said that the Minister had obtained a “hospital pass” on the matter.
He wondered why it had taken so much effort to get to this level of debate. “I blame the Taoiseach directly. I’m afraid he hasn’t learned anything and should be answering questions. “
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