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MR JUSTICE SEAMUS Woulfe’s future may be hanging by a thread today. He has been accused of many things, but he cannot be faulted on one: honesty.
The transcripts of his interview with former Ms Justice Susan Denham last month reveal a man willing to blurt out the truth, with a glorious disregard for the implications for colleagues, whether in politics or on the bench.
Some of his replies give an inkling of the real relationships between politicians and judges. It is not as distant as we are often led to believe. Judges are not “hermits” as we are sometimes told.
The inner-circle
When talking about their encounters, Seamus addresses the issue: as Attorney General he was organising the Kings Inns dinner, celebrating his entry to the noble band of Benchers.
The Benchers, a group of elite judges and senior barristers, urged him not only to change the date to suit the then-taoiseach Leo Varadkar but to invite as many ministers as possible. He obliged and – in his own words – the dinner was “flooded with ministers”.
There were no Chinese walls that night. Both groups, judges and politicians, were keen as mustard to meet and socialise. Every year there is a Bar Chairman’s dinner with similar interaction between judges and politicians.
Seamus pointed out to his interviewer, Susan Denham, that he recalls seeing her at the same table at another dinner with the Minister for Justice, Frances Fitzgerald. She helpfully responded that there was more than one! Woulfe reveals that in the 2019 Oireachtas golf outing former minister Noel Dempsey was there with a relation, who was a serving judge.
Are we meant to believe the myth that our judges are pillars of purity, that we rarely see them in the company of politicians, and that their social life is non-existent? I well remember seeing a former Chief Justice Liam Hamilton, regularly enjoying an evening in the Dáil bar during his term of office back in the late 1990s.
As long as judges’ promotions (and consequently their pay packets) are in the hands of politicians, there will be the public perception of a lack of distance.
The whole truth
Several powerful people will not be grateful to Mr Justice Woulfe for his forthrightness in his evidence to Ms Justice Denham. Top of the list will be the Chief Justice himself, Frank Clarke. Woulfe reveals that Clarke gave him the go-ahead for his attendance at the golf outing, according to transcripts released:
‘Frank, listen because I’m new at all this I just want to check with you something.’ And I said, ‘I’ve been invited to the Oireachtas Golf Society outing. I don’t see anything, I don’t think there’s anything wrong with it. ‘I emphasised that it was a non-party political event. And he immediately said to me, ‘I don’t see any problem with that.’ Now, in fairness to him, I didn’t go into details about what socialising or whether there would be dinner or not, but I’d be amazed if he didn’t know that there was likely to be some form of eating.’
His admission that neither of them saw a problem, begs the question of why neither asked about the possibility of a dinner afterwards. Presumably, judges and the former Attorney General were, by now, all so used to attending dinners with their chums in the Oireachtas and ministers in attendance, that they did not question the desirability of such socialising in the context of the separation of powers and perception of impropriety.
Woulfe says he “would be amazed if he [Clarke] didn’t know that there was likely to be some form of eating”. So would I.
Former Taoiseach Leo Varadkar felt forced to deny Woulfe’s claim that Varadkar had insisted on Minister for Agriculture Dara Calleary’s resignation for the sins of Golfgate.
It should not go unnoticed, that Woulfe was Varadkar’s former hand-picked Attorney General. The closeness between the two institutions of the state, is set to continue.
At present judges are selected through a shared effort divided between judges and politicians.
The wheels of power
Applicants apply through the Judicial Appointments Advisory Board (JAAB) which is dominated by the judges. The Board in turn, sends a list of qualifying applicants up to the minister for Justice, who chooses from a normally longlist of candidates.
There is nearly always a politically acceptable name on the list. There is an extraordinary success rate for applicants with an association with the government of the day. There is an equally extraordinary failure rate for those lawyers applying whose political party of choice is out of office.
The judiciary and the post of Attorney General are infected by political patronage.
Seamus Woulfe himself is a judge with an uncontested political pedigree. He was chosen by Leo Varadkar as his attorney general. He had an undisputed track record as a Fine Gael activist in North Dublin. He was always close to Fine Gael politicians and trusted by Fine Gael cabinet ministers.
He was later chosen as a judge by a highly politicised selection system. The selection of judges is a process that is too important to be left to either judges or politicians. A combination of both, as at present is the worst of all worlds.
Shane Ross is the author of “ In Bed with the Blueshirts” to be published by Atlantic Books on October 26. It contains more material about appointments to the Judiciary in Ireland.
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Not shocking anymore. Kind of half expect this sort of stuff now.
What is it with this man and “conflicts of interests” ?
Nothing to see here move along now !!
Ah lads , cronyism in ireland ? NEVER !!
Of course he denies a conflict of interest. When did you ever read, “Minister admits conflict of interest.”
O’Reilly would deny today is Friday. He cant even lay in bed straight at this stage.
From a guy who pushed two primary care sites in his own constituency up the list of potential sites…still waiting on the criteria you used Stroker!
Then what exactly is it then? Walks like a duck…etc
Welcome to Ireland,probably the most corrupt country in Europe
Hands up who is shocked or surprised by this. …….
Richie rodgers
We’ll get there stroke by stroke.
Reilly involved again no surprise there to be honest.
Shattergate mark2 ….Reilly on the inside track…….FG/Lab even more corrupt than FF, there is a scary reality…..Resign James you have your money made…..
How come the 20,000 commission was so low? The going rate for a report like this was 125,000 in 2011 and the Health Partnership is not a charity!
Women of Ireland, come together and let us al put a stop to this madness, I’d like to c a man in the full throws of labour, having to face a 2 hr car journey. On lovely pot-holed roads!!!
If he appointed someone from outside the area, the complaint would be that they didn’t understand the area.
If he appointed someone without the medical knowledge, the complaint would be that someone who didn’t understand medical provision was making the decisions
If he appoints someone from inside the area with the right medical background, the complaint is that there’s a conflict of interest.
I wish people would state who they think should be appointed, because almost every decision can have some line of attack.
Kinda sums up JR. Anyway after the reshuffle it will be someone else’s problem.
How many absolute effin’ outrages are we, as a nation, prepared to put up with? This Minister and his shady pals should be run out of the country, let alone sacked.
And deny being in denial
How come this commission was 6 times less than the going rate for the job? A bargain at 20,000! Such reports cost 125,000 in 2011.
The Journal got it wrong! The Health Partnership predates 2008! in March 2005 the company wrote to the Dept of Finance highlighting their role in private health care ventures in Ireland, UK, Portugal and Germany and suggesting tax incentives for private sector players in e.g. direct service provision, the supply of high tech equipment, patient and staff accommodation, primary care provision, nursing home care, etc. Even hospital traffic management got a look in. Hard to believe no one in the West/North-West hospital group knew of Mr Daly’s involvement with this high profile healthcare company.
Why would anyone be surprised with this ruling class carryon, and they wonder why people voted for the left
The main conflict of interest here is the fact tgat Noel Daly wrote to revenue in 2005 with what could be described as a bluepriting which would see private interests profiting from tge removal of public services. In that letter it mentions how the private sector could provide accomodation for people who due to clousure of public services would have to travek greater distances.
Over 6 years later tgis man is appointed chair of a hospital group. In the space of little over a year his company is given the task of reviewing maternitu in the same region. This report is said to recommend many clousures.
Given all this histiry I cannot see how this review can hold any authority. Or indeed how anyone in this countru could trust its recommendations.
In fact this review ihas been damaged beyond repair. Hiwever it should be made available to the public.
Luje Ming Flaagan spoje about concerns that gospital staff had about how tgis revuew was completed. Perhaps he should come back to this important debate in Irish healthcare before he leaves fir Europe.
Reilly people dont believe a word from your lying mouth!
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