Government to 'dump' Séamus Woulfe controversy back on Chief Justice

Ireland's EU trade commissioner Phil Hogan (left) and Supreme Court judge Seamus Woulfe who both attended the Oireachtas Golf Society event two days after the Government announced it intended to curb the numbers permitted to gather together. File picture: Niall Carson/PA Wire

The Government will seek to "dump" the Séamus Woulfe controversy back on Chief Justice Frank Clarke as the political appetite to impeach the former attorney general declines.

Several ministers have told the Irish Examiner that they see the impeachment of Mr Woulfe over his attendance at the Oireachtas Golf Society Dinner in August as "a non-starter" and feel that it would be better handled within the judiciary.

Government sources further revealed that Mr Woulfe had lobbied to retain his role as attorney general, which he had held since 2017, in the current government. Mr Woulfe, it is understood, lobbied to stay in the office until just days before Paul Gallagher was named by Taoiseach Micheál Martin.

Among the opposition, there is now some belief that the process of impeachment could prove too lengthy, complex, and potentially come with too many unforeseen consequences to be viable. Opposition leaders will write to the Ceann Comhairle asking that he seek legal advice on how the process of impeachment would work if triggered.

Taoiseach Micheál Martin met with the opposition leaders on Friday to discuss the issue. There was "no consensus" reached and another meeting next week is likely.

Social Democrats co-leader Catherine Murphy said there were "no conclusions" from the meeting and said that the attorney general's advice to the Government was not made available to the opposition.

"This is an unprecedented situation. The separation is an extremely important principle and that works in both directions. Whatever we do, we must make sure that there's no unintended consequences that could weaken that.

"It's very clear Mr Woulfe doesn't enjoy the confidence of his peers or the Chief Justice but it remains to be seen how that can be rowed back on."

On Friday it emerged that Cabinet was not informed that a number of senior judges had written to express their interest in the role eventually filled by Mr Woulfe. Just one name was given to Cabinet by the Judicial Appointments Advisory Board — Mr Woulfe's.

A spokesperson for justice minister Helen McEntee said that this is "standard practice" with judicial appointments.

"The Minister for Justice, having considered expressions of interest from serving members of the judiciary; other judges eligible for the position; and the recommendation of JAAB, then recommended a name to Cabinet in line with the recommendation of JAAB. 

"The Minister brought a memorandum for the Government’s consideration to Cabinet on July 15."

The Labour Party has asked for time to be set aside in the Dáil for Ms McEntee to answer questions on the process.