Growing unease in Cabinet over Supreme Court stand-off

The Attorney General has briefed the Cabinet on the “serious constitutional issues” following the communications between Supreme Court Chief Justice Frank Clarke and Judge Seamus Woulfe (pictured). Picture: Maxwell’s

The Government is scrambling to contain the political fallout from the Supreme Court stand-off between Chief Justice Frank Clarke and Judge Seamus Woulfe.

Several ministers have privately expressed their considerable unease after the Cabinet was briefed by Attorney General Paul Gallagher on the “serious constitutional issues” arising from the unprecedented crisis.

“We need to take a few days to reflect on what is happening,” said one minister. "But this is a genuine crisis."

There is palpable anger within political circles that the judicial process involving the two judges has concluded without resolution and that the issue has now “landed back in our laps”.

Taoiseach Micheál Martin is to meet with Opposition party leaders over the latest controversy surrounding Supreme Court judge Seamus Woulfe.

Mr Martin has said the issue must be treated in a "very serious, sensitive, and proper way" by politicians.

At Cabinet, Mr Gallagher outlined the "serious constitutional issues that now arise and the respective responsibilities of each of the organs of the State as set out in the Constitution, including, in particular, the respective roles of the judiciary and of the Oireachtas".

According to a statement, ministers are acutely aware of the sensitivity and seriousness of the issues, as well as the need to ensure that the constitutional framework is fully respected by all concerned.

“This includes avoiding inappropriate public comment,” the statement said. 

"The Government agreed that it will continue to reflect on these issues."

In the Dáil, Mr Martin agreed to hold a meeting with party leaders to "jointly assess the situation without prejudice".

"This is a very serious issue," he said. "It is fundamental to the separation of powers. It is at the very heart of our Constitution, so we have to respond in a very serious, sensitive, and proper way."

In a crucial intervention, Ceann Comhairle Seán Ó Fearghaíl asked TDs to exercise the utmost care in any comments they made on the correspondence between the Chief Justice and the judge.

"It is a long-established ruling of this House that members of the judiciary are independent, by virtue of the Constitution, and may not be criticised or have their rulings referred to in the House, except on foot of a substantive motion," he said.

Taoiseach Micheál Martin: "This is a very serious issue," he said. "It is fundamental to the separation of powers. It is at the very heart of our Constitution, so we have to respond in a very serious, sensitive, and proper way." Picture: Julien Behal

"It is crucial, therefore, that members do not comment on the matter, either on the floor of the House or elsewhere, in such a way as could give rise to a perception of bias, as this could act as a serious impediment to their ability to discharge their important constitutional functions, if so required in the future."

Former District Court Judge Michael Pattwell said Judge Woulfe should not resign.

He said Judge Woulfe “should get a good PR person to help him”, and that if he was in that situation, he would “let it play out” and not resign. The Chief Justice and the Supreme Court have “backed themselves into a corner”, he said.

There was no law to back the stance taken by the other members of the Supreme Court, said Mr Pattwell, before asking how they would sit with Judge Woulfe in the future.

Judge Pattwell said he could not see any efforts at impeachment, “political or otherwise", succeeding.

What had happened following the Oireachtas Golf Society dinner in Clifden was “not serious enough” to warrant the resignation of the judge, he said.

He said, however, that both Judge Woulfe and Phil Hogan had been “quite arrogant in how they handled it”.

Mr Patwell said the Chief Justice should not have “invented a sanction” that did not exist in law, and that he would have been better “keeping it to himself". 

"There was nothing to back up what he said, it’s just an opinion," he said. "If I was Seamus Woulfe, I would stay and let it play out.”