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Chief Justice Frank Clarke (L) and Seamus Woulfe (R). Sam Boal

Judicial appointments in the spotlight as Council of Europe says Ireland fails on political influence

A new report comes as the government faces ongoing questions over the Seamus Woulfe affair.

A EUROPEAN ANTI-CORRUPTION watchdog has said that Ireland’s system for appointing judges continues to fail to be free from political influence.

The Group of States Against Corruption (Greco), which is a body established by the Council of Europe, first delivered a report on ethics including judicial appointments in 2014.

It delivered 11 different recommendations for Ireland to follow and, in its latest evaluation published today, found that only five of the recommdations have been implemented.

Among those not implemented is one stating that the system for appointing a promoting judges must be done “in a transparent way, without improper influence from the executive/political powers.”

The publication of the report comes as the government faces questions over the appointment of former Attorney General Seamus Woulfe to the Supreme Court earlier this year. 

Speaking in the Dáil today, Sinn Féin TD Mary Lou McDonald described Woulfe as “a long-term member of Fine Gael” and said that Minister for Justice Helen McEntee was “duty-bound to take questions” on the process that led to his selection. 

Opposition parties have raised concerns about the selection process after it emerged last week that Cabinet was not told in July that a number of other judges had expressed interest in the vacancy on the Supreme Court before Woulfe was selected.

Speaking on the matter last week, the Taoiseach said only one name is brought to Cabinet when a judge is being appointed.

The Greco report published today did not feature an evaluation of the appointment process in the case of Woulfe, but was an evaluation of the system in general. 

The report was critical of the practice of not ranking potential candidates presented to government to become judges. 

It was not critical of the pre-selection process put in place by the Judicial Appointments Advisory Board (JAAB) but said that the seven names being forwarded should be prioritised to reduce potential political influence. 

Greco also makes numerous references to the Judicial Appointments Commission Bill, which was championed by former minister Shane Ross but which was not passed by the Seanad and has since lapsed.

The report stated that the proposal contained in the bill to create a commission to appoint judges that would have a lay majority and a lay chairperson was also problematic.

It stated that making the commission answerable to parliament would have also risked having “improper influence from the executive/political power over the appointment process”. 

Ross has been an outspoken critic of the process for selecting judges in this country, writing preciously in TheJournal.ie that the process is “too close to politicians and to the judiciary itself”.  

Speaking yesterday, Aontú leader Peadar Tóibín said that the judges and politics have been “interwoven for far too long”. 

“Irish people know more about the selection of Supreme Court Judges in the US than in Ireland,” he said.

“Many people look down their noses at the political nature of the system in the US while ignoring the political wheeling and dealing that goes into the selection process in Ireland.”

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29 Comments
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    Mute Frank Cauldhame
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    Nov 18th 2020, 6:48 PM

    FG used political influence to appoint the big bad wolf, FF ratified this, three candidates who are actual judges with considerable experience were overlooked and yet FFG say they cannot now interfere with the judicial process???? Well if they won’t sack Woulfe they should sack Helen McEntee.

    586
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    Mute Michael Flynn
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    Nov 18th 2020, 9:00 PM

    @Frank Cauldhame: A Minister for Justice would be most unlikely to appoint a former AG to the Supreme Court without getting a pre cabinet presentation green light from senior members of Govt, including the Taoiseach, a number of Secretary Generals and Special Advisers.

    57
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    Mute Frank Cauldhame
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    Nov 18th 2020, 11:27 PM

    @Michael Flynn: Along with legal reform we need an independent investigation into how/why he got appointed as a supreme court judge ahead of the three other more qualified/experienced applicants to ascertain the extent of the skullduggery involved here, this investigation should happen immediately and anyone found guilty of cronyism/corruption should be sacked as a matter of course.

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    Mute Christy Dolan
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    Nov 19th 2020, 1:45 PM

    @Frank Cauldhame: let me save the State a few hundred thousand euros being wasted in your it proposals :

    It is the tradition of all governments to consider favourably the Attorney General to the role of either Irish High Court , Supreme Court or one of the various other European courts . Not the only country that does this

    The case law was laugh at you about your claims about skullduggery etc as former AGs have had no difficulty in ruling against governments of the day in the court room

    Fool

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    Mute feargal ‘2 metres’ de cantuin
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    Nov 18th 2020, 7:22 PM

    It’s like something from yes Minister.
    AG – I have the names for the Supreme Court vacancy for your approval.
    Minister-good man Seamus are there many names?
    AG-Yes and no Minister.
    Minister-Yes and No? What does that mean?
    AG- While there was some interest in the position I managed to whittle it down to one name.
    Minister- what criteria did you use?
    AG- I looked for someone whom I felt had the right training, a sound legal brain, who had the trust of the Government and was one of us.
    Minister- One of us? do you mean Fianna Fáil?
    AG-No minister one of us , as in you and me.
    Minister- it’s not me is it?
    AG- No Minister.
    Minister- so its you then?
    AG- Thank you , yes Minister.

    252
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    Mute Ros Kelly
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    Nov 19th 2020, 10:47 AM

    @feargal ‘2 metres’ de cantuin:
    Brilliant!! ;-)

    8
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    Mute John Dublin
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    Nov 18th 2020, 6:16 PM

    In other news, the sky is blue.

    131
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    Mute James Reardon
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    Nov 18th 2020, 7:06 PM

    Ffg cannot govern, judiciary must be separate to any functioning democracy. This is a failure of government and previous governments, funny enough, was lead by either ff or fg.

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    Mute Paul Tennant
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    Nov 18th 2020, 7:25 PM

    Well I never!

    Septic Isle

    116
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    Mute Susan Obrien
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    Nov 18th 2020, 8:18 PM

    Old boys brigade

    114
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    Mute Pat Andrews
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    Nov 18th 2020, 8:07 PM

    Wolfe is a disgrace

    158
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    Mute Paul Tennant
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    Nov 18th 2020, 7:31 PM

    McEntee better get off her arse quickly and ratify those provisions of the Judicial Amendment Act 2020 allowing sanction against a Judge by the Chief Justice in certain circumstances.

    152
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    Mute Christy Dolan
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    Nov 19th 2020, 1:46 PM

    @Paul Tennant: won’t matter , the legislation can’t be applied retrospectively

    1
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    Mute Panikin skywalker
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    Nov 18th 2020, 10:05 PM

    And mehole life looking all offended when Mary lou was calling him ouf of the horse trading!

    61
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    Mute Leonard Barry
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    Nov 18th 2020, 10:31 PM

    @Panikin skywalker: Why don’t you grow up and when referring to someone use their correct name instead of childish nonsense.

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    Mute Tom's
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    Nov 19th 2020, 1:29 AM

    @Leonard Barry: touchy

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    Mute Derek Poutch
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    Nov 19th 2020, 8:51 AM

    @Leonard Barry: Mehole sums up Mehole just about right.

    11
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    Mute Imagine !
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    Nov 18th 2020, 6:17 PM

    This golfgate thing is a pain in the neck. Move on.

    37
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    Mute Tomas O'Connor
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    Nov 18th 2020, 6:47 PM

    @Imagine !: Yes, let’s just let corruption run wild and free instead. Come on, be less thick. It’s not that hard.

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    Mute Paul Tennant
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    Nov 18th 2020, 7:27 PM

    @Imagine !: sorry to disappoint but no one is moving on, this is just starting to get interesting.

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    Mute Donal Desmond
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    Nov 18th 2020, 8:21 PM

    @Imagine !: Just likes the Billions of taxpayers money that bailed out the banks and the Billions still that have to be repaid, no person held to account. FFG/ Greens will be delighted with you comment (Let’s move on) ..That’s what’s wrong with the people of this country..

    93
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    Mute Panikin skywalker
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    Nov 18th 2020, 10:06 PM

    @Imagine !: who’s that now? Leo, Phil, mehole?

    24
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    Mute Christy Dolan
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    Nov 19th 2020, 12:54 PM

    @Tomas O’Connor: less thick ? Perhaps when you actually understand what “corruption” is , both legal and dictionary meaning , maybe , just maybe , you might be taken seriously

    It’s a long custom in Ireland and in other nations that the Attorney General for a government is appointed to the superior courts .Case law shows how judges in these courts , including former Attorney Generals have had no problem ruling against governments of the day

    No one was whining about this AG appointment to the Supreme Court (pre golf gate) . It was for the opposition to oppose his appointment based on his performance (Marie Whelan appointment wasn’t great as she was a poor AG)

    This declaration has nothing to do eith the constitutional problems about removing judges. Reactionary nonsense from this body

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    Mute Christy Dolan
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    Nov 19th 2020, 12:55 PM

    @Tomas O’Connor: be less thick , it’s not that hard … ? Well, what is your excuse so ?

    Go on chief , define “corruption” . After that , point out the caselaw where former attorney generals , as judges, ruled in favour of the State in a manner that was completely at odds with precedent and common sense

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    Mute Tom's
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    Nov 19th 2020, 1:38 AM

    FF and FG always did whatever they wanted.Now both together we’ve no hope.People wonder how did Trump become President four years ago I wonder more importantly how on earth this lot managed to get together and destroy our country.

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    Mute Terry Tibbs
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    Nov 19th 2020, 6:11 AM

    But but but…..separation of powers, farcical

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    Mute Liam Mernagh
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    Nov 19th 2020, 12:42 AM

    The people who we expect to have a little tolerance and forbearance, the Judiciary , when one of them has a direct interest in a particular situation, turn out to be the least tolerant and most precious of all. On that basis alone we probably do need a judicial oversight body if for no other reason than to rid the system of pettiness.
    It’s astounding, although no one else seems to comment on it, that when the ex Chief Justice, who was delegated to examine the Woulfe situation and report thereon said it wasn’t a resigning situation, the current Chief Justice took it upon himself, for whatever reason to escalate it to a personal and political dispute, showing personal animosity and churlishness in the process.
    A childish dispute which should be quashed immediately.

    5
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    Mute Christy Dolan
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    Nov 19th 2020, 12:59 PM

    @Liam Mernagh: where a judge had the potential to have a conflict of interest or bias – only needs a perception , counsel for an applicant can make an application for that judge to stand down from the case and appeal any refusal .

    What in gods name are you waffling about

    Tell us, whose going to appoint these people to the judicial panel, and whose going to be part of the judicial panel? You think governments have the day won’t have a say ? You seriously believe unqualified people who have no legal training will have any role on these boards ?

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    Mute Christy Dolan
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    Nov 19th 2020, 12:42 PM

    The case law suggests otherwise though. Hardiman (former FF and PD member, shoe horned into the supreme Court after a long and glorious tome as Senior Counsel barrister ) , Murray (former Attorney General for the FF government of the early 1980s, the fun years ) , Declan Costello (former FG policy maker ) etc all proved to be capable of ruling against the government of the day , including governments who approved of their appointments .

    The judiciary body will now be taking over , especially with appointments in the lower courts like District n Circuit where there is a legitimate concern about political jobs for the boys .

    2
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