Woulfe row: Taoiseach confirms 'no further steps' after 'very careful consideration'
Motion Given Would Picture: Any Seamus Against The Can Though Dáil Even Woulfe, Of Motion Fail Impeachment Maxwell’s Majority A Opposition Td Initiate Government’s Such A Still
The Government has decided against taking any further action on the Seamus Woulfe issue, the Taoiseach has confirmed.
Speaking in the Dáil, Micheál Martin said the Government had given "very careful consideration" to the matter and had listened to opposition leaders.
But he added: "The government believes the constitutional protection of the judiciary is best achieved in this particular case, by taking no further steps in this matter."
He said there is an "important distinction" between the resignation of a judge and the "deliberately high constitutional standard of removal for stated misbehavior".
Mr Martin told the Dáil: "The government notes the informal process, which was both transparent and comprehensive conducted by the judiciary, to address the legitimate concerns arising from Mr Justice Woulfe's attendance at the Oireachtas golf dinner in Clifton.
Mr Martin said the independence and the integrity of the judiciary is of paramount importance, adding: "The judiciary has played a vital role in supporting the democratic and constitutional traditions of the State since its foundation."
Responding to the statement, Sinn Féin president Mary Lou McDonald called on Justice Minister Helen McEntee to come before the Dáil.
She said: "The Chief Justice expressing no confidence in a member of the bench remains problematic. I believe there ought to be some mediated solution to this particular issue."
She said Ms McEntee now needs to answer all the "relevant and pertinent questions" around the appointment process of the judge.
The Taoiseach's confirmation followed reports the Cabinet had decided that “no further action” will be taken in relation to the row involving Judge Seamus Woulfe. Impeachment is now highly unlikely.
Despite mounting pressure on Justice Minister Helen McEntee to detail her involvement in his appointment to the Supreme Court, at the behest of Taoiseach Micheál Martin, ministers decided that the Cabinet would not be taking any further action.
Even though any opposition TD can still initiate a motion of impeachment, given the Government’s Dáil majority such a motion would fail. As a result, the matter now falls back onto the judiciary to resolve the stand-off between Judge Woulfe and Chief Justice Frank Clarke.
The Judicial Council has now moved their meeting forward and will be meeting on Tuesday afternoon to discuss how to resolve the issue.
The opposition has ramped up pressure on the Government regarding the appointment to the Supreme Court of Justice Woulfe.
Sinn Féin wrote to the Ceann Comhairle on Monday requesting that Helen McEntee appear before the Dáil, likewise the Social Democrats have written to the business committee requesting the same. Labour's Duncan Smith has written to the Government over the issue.
The week's Dáil schedule has not included any time for Helen McEntee to come before the Dáil.
Sinn Féin whip Padraig MacLochlainn said it was "quite extraordinary" that Micheál Martin in the last government had "serious questions" about the appointment of Máire Whelan, then the outgoing attorney general to the Court of Appeal.
"So he has a history of questioning the process of appointment, yet he doesn't appear to have raised any concerns here," Mr MacLochlainn said.
"It doesn't get more serious than appointing somebody to the Supreme Court so I find it extraordinary that governments are protesting that they followed the process to the letter and it was very fair to all the candidates.
"If that's the case, why can't the minister come in, make a statement and take questions about the process that's underway here?"
The Social Democrats also referred to the Taoiseach's issues with Máire Whelan.
"It's absolutely essential that the minister comes in and explains that so we can do our job and hold them to account," Social Democrats co-leader Catherine Murphy said.
"This shouldn't be happening, we should have a judicial appointments board in place, we've been waiting on that for far too long.
"Why was there a delay when the judicial appointment board was convened in March?
"Why was there a delay until a new government was in place?
"I recall a duel between Leo Varadkar and Micheál Martin on Máire Whelan, it was very personalised and essentially the critical point Micheál Martin made was that she lacked judicial experience - this is a senior court to that, so what weighting was given to people who applied through direct route to Government who were judges as opposed to JAAB?
"Why was that not an issue for Micheál Martin when it was an issue for Máire Whelan?"
Labour Leader Alan Kelly said either Ms McEntee went on a “solo run” and didn’t inform the Taoiseach, Tánaiste or Green Party leader Eamon Ryan as to her intention to nominate Mr Woulfe, or this was a deal as part of the Programme for Government negotiations. He said the “separation of powers” argument put forward by the Government is “absolute garbage”.
There is no further plan for the opposition to meet over Woulfe.