Sinn Féin demand Helen McEntee faces Dáil over Woulfe appointment
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Sinn Féin has demanded that the Justice Minister come before the Dáil to explain the appointment of Seamus Woulfe to the Supreme Court.
Party whip Pádraig Mac Lochlainn said it is "quite extraordinary" that the Taoiseach was not informed or involved in the process of putting Seamus Woulfe's name to Cabinet and was not aware that at least three other candidates had expressed interest in the role.
The party will continue to press the Government and Minister Helen McEntee over the coming weeks until she comes into the Chamber to address the matter.
"This is really really serious matter. It doesn't get more serious than appointing a judge to the highest court in the land.
"Apparently the Taoiseach, and the leader of the Green Party, were not aware that at least three judges we have to assume either High Court or Court of Appeal judges, had applied for the position."
Mr Mac Lochlainn pointed to the fact that as leader of the opposition in the last Dáil, Micheál Martin had pressed Fine Gael on the appointment of the then outgoing Attorney General Máire Whelan as a judge on the Court of Appeal.
"There was quite a row between himself and the then Minister for Justice Frances Fitzgerald, about this issue.
He strongly dismissed the Government's claim that they cannot comment on the issue as there has to be a clear separation between the separation of powers between the Legislature, the Executive, and the Judiciary.
"This suggestion that this in some way impacts on the separation of powers is absolute nonsense. This is a conflation.
It is a function of the government to appoint a judge to any court in the land, and particularly the Supreme Court, they ought to be accountable to the opposition in any democracy.
This is about the government's function, in appointing a judge to the Supreme Court, and we want answers about how that happened."
He added: "The government is protesting that they followed the process to the letter, It was very fair to all the candidates. If that's the case, what are they afraid of? If that's the case, why can't the minister come in, make a statement and take questions about the process?"
Earlier, former minister of state Finian McGrath claimed the controversy around the appointment of Supreme Court judge Seamus Woulfe would not have happened if the last government had listened to Shane Ross.
Mr McGrath suggested that Justice Minister Helen McEntee should now come before the Dáil to fully explain the appointment.
"I think any minister of justice should be well able to stand on their appointments, and I have absolutely no problem with them going into the Dáil."
However, junior minister Colm Brophy said he would have "grave reservations" around any Dáil debate on the matter.
"I'd have grave reservations about the idea of the Dáil engaging in a process which effectively is second guessing the appointment of a serving member of the Supreme Court," Mr Brophy said.
Mr McGrath said the appointment of judges was sometimes hammered out at separate meetings ahead of Cabinet.
However, Mr Brophy said it is his understanding that decisions are made by the Government around the Cabinet table.
"A Justice Minister comes to Cabinet with a name, and the judicial advisory board recommends a candidate, and that goes to Cabinet and Cabinet make the decision," the Fine Gael TD said.
Former Independent Alliance minister, Mr McGrath said there were "couple of occasions" where ministers were briefed around board and judicial nominations before Cabinet meetings.
“Myself and Shane would ask questions about other candidates and on some occasions “there was a row” during the debate, he added.
"Any member of Cabinet worth his or her salt would have raised those fundamental simple questions because it's a great honour to be in the Cabinet and you're asking questions on behalf of the citizens of the State, and absolutely everybody should be accountable, and a lot of us argued that the whole system there needed urgent reform," Mr McGrath told RTÉ radio’s show.
Politicians did not want to be involved in the appointment of judges, he said.
Generally when he had asked questions “we would get an answer,” he said.
“Our experience was that the business side was done outside the Cabinet meeting.
“The majority of political parties have been doing this for 50 years. There is a lack of transparency. Any minister for justice should be able to stand over their appointments.”