Irish Examiner View: Trust in the judiciary is paramount

Judge Séamus Woulfe would do well to reflect on his conduct ever since the golfgate controversy

His position protected under the Constitution, Séamus Woulfe has kept his job — but many others who attended the Oireachtas Golf Society event suffered severe consequences. Picture: Maxwell’s

Supreme Court judge Séamus Woulfe may or may not be a biblical scholar, but he may still be familiar with the injunction in Luke 12:48: “For unto whomsoever much is given, of him shall be much required.” 

John F Kennedy preferred to recite the less florid version: “For of those to whom much is given much is required.” It amounts to the same thing — great expectations come with great power. 

Judge Woulfe would do well to reflect on this in order to appreciate the level of public disquiet over his attendance at the Oireachtas golf dinner in August and his conduct ever since. It is the reason why, in the golfgate controversy, powerful political leaders were called to account.

An essential aptitude for any member of the judiciary, let alone a member of the Supreme Court, is the ability to exercise good judgement. It is, by definition, a prerequisite for any judge. 

Yet Séamus Woulfe failed to do so by attending the event in August and he continues to show poor judgement with his conduct ever since, in particular his attitude towards his Supreme Court colleagues, including the Chief Justice. It is true that he has publicly apologised for attending the dinner but, at the same time, his justification for being there in the first place has been self-serving in the extreme.

The consequences for many of those who attended were severe. The most high-profile resignation was that of Phil Hogan, as EU trade commissioner. Dara Calleary resigned as minister for agriculture following the public backlash, and Jerry Buttimer also resigned as vice-chairman of the Seanad. Donie Cassidy resigned as chairman of Fianna Fáil.

Taoiseach Micheál Martin also removed the Fianna Fáil whip from senators Paul Daly, Aidan Davitt, and Niall Blaney. Leo Varadkar removed the FG party whip from senators Jerry Buttimer, Paddy Burke, and John Cummins, “in recognition of the seriousness of this matter”.

RTÉ cancelled any future projects with recently retired radio presenter Sean O’Rourke, which had included a planned weekend politics show on television.

Séamus Woulfe has not had to resign because he enjoys protection under the Constitution designed to ensure the independence of the judiciary. Under Article 35.4.4, the members of the Supreme Court, the Court of Appeal, and the High Court can be removed from office solely by a resolution of both Houses of the Oireachtas for stated misbehaviour or incapacity. The tenure of Circuit Court and District Court Judges is similarly protected by statute.

The issue also brings into focus the delays in implementing fully the 2019 Judicial Council Act. We have never had a clear structure for addressing the conduct of judges despite a number of controversies surrounding some members of the judiciary in recent years.

The longer the controversy surrounding his attendance at the Oireachtas golf dinner goes on, the more damage it is likely to do to respect for our judiciary. If public trust in our justice system and the judiciary is to be maintained, judges must not only act appropriately but be seen to do so.