Page 2 of 10 FirstFirst 1234 ... LastLast
Results 16 to 30 of 141

Thread: All Judicial Appointments in Ireland Are Political

  1. #16
    Join Date
    Mar 2010
    Posts
    15,318

    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Trouble is though would it be a brave decision by a judge at any level to find against a government position if they had an eye to advancement?
    Has there ever been any suspicion that court decisions were based, not on their merits but on a judge seeking to appease the government?

    Quote Originally Posted by Captain Con O'Sullivan View Post
    The civil service are also suppose to be impartial to party politics. And we all know by now how that goes. ...
    Not all of us know how that goes. Care to enlighten us?

  2. #17
    Join Date
    May 2010
    Posts
    1,062

    Default Re: (former) Political Links of the Judiciary

    Noel Dempsey's brother is a District Court judge

    http://www.advertiser.ie/mullingar/article/1096
    "There are two ways to conquer and enslave a nation. One is by sword. The other is by debt." -- John Adams

  3. #18
    Join Date
    Mar 2010
    Posts
    12,044

    Default Re: (former) Political Links of the Judiciary

    Thanks for the invitation Biffo but I'd prefer not to try to establish what everyone already knows.

    A question- over the last 30 years or so at least was it better to be known as a sound Fianna Fail supporter in the public service or not?

    I take from your response you may know something about the civil service ... what do you think?
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  4. #19
    Join Date
    Mar 2010
    Posts
    12,044

    Default Re: (former) Political Links of the Judiciary

    Baron von Biffo;Has there ever been any suspicion that court decisions were based, not on their merits but on a judge seeking to appease the government?
    Yup.
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  5. #20
    Join Date
    Mar 2010
    Posts
    15,318

    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Thanks for the invitation Biffo but I'd prefer not to try to establish what everyone already knows.

    A question- over the last 30 years or so at least was it better to be known as a sound Fianna Fail supporter in the public service or not?

    I take from your response you may know something about the civil service ... what do you think?
    You said 'everybody knows how that goes.' I don't so I'd like you to explain it to me. Surely if something is widely known it wont be difficult to explain it.

  6. #21
    Join Date
    Mar 2010
    Posts
    15,318

    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Yup.
    And they were...?

  7. #22
    Join Date
    Mar 2010
    Posts
    12,044

    Default Re: (former) Political Links of the Judiciary

    Again from Professor Williams (Professor of Law at UCC)

    'Apart from anything else, in a small jurisdiction where barristers are better paid than all but the top few in the UK, the partial elimination of half the practitioners makes the size of the pool dangerously small, something which the Judicial Appointments Advisory Board has recently admitted.

    This is a general trait in Irish government ranging more widely than the judiciary, the political culture in Ireland has dictated that for instance the Irish EU Commissioner has always been from the governing party and that when the Taoiseach nominated eleven out of the sixty person Seanad (or upper house of the legislature) he seldom looks beyond his own party. Likewise, coming closer to home, until recently, 'State Work' - meaning prosecutions, defending judicial review cases - was confined to barristers who were thought to be friends of the governing party. Thus most barristers think it appropriate to indicate discreet but definitely their political allegiance.'


    ‘Minister resigns over call to judge’ http://news.bbc.co.uk/1/hi/world/europe/1920586.stm

    The Sheedy Affair resulting in the resignation of a Supreme Court Judge and a High Court Judge http://en.wikipedia.org/wiki/Philip_Sheedy_Affair
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  8. #23
    Join Date
    Mar 2010
    Location
    heart of Europe
    Posts
    22,548

    Default Re: (former) Political Links of the Judiciary

    Was Mrs. Brian Lenihan a political appointee?
    Politics is the gentle art of getting votes from the poor and campaign funds from the rich, by promising to protect each from the other. ~Oscar Ameringer

  9. #24
    Join Date
    Mar 2010
    Posts
    15,318

    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Again from Professor Williams (Professor of Law at UCC)

    'Apart from anything else, in a small jurisdiction where barristers are better paid than all but the top few in the UK, the partial elimination of half the practitioners makes the size of the pool dangerously small, something which the Judicial Appointments Advisory Board has recently admitted.

    This is a general trait in Irish government ranging more widely than the judiciary, the political culture in Ireland has dictated that for instance the Irish EU Commissioner has always been from the governing party and that when the Taoiseach nominated eleven out of the sixty person Seanad (or upper house of the legislature) he seldom looks beyond his own party. Likewise, coming closer to home, until recently, 'State Work' - meaning prosecutions, defending judicial review cases - was confined to barristers who were thought to be friends of the governing party. Thus most barristers think it appropriate to indicate discreet but definitely their political allegiance.'


    ‘Minister resigns over call to judge’ http://news.bbc.co.uk/1/hi/world/europe/1920586.stm

    The Sheedy Affair resulting in the resignation of a Supreme Court Judge and a High Court Judge http://en.wikipedia.org/wiki/Philip_Sheedy_Affair
    Nothing there about judges using political rather than legal criteria to decide cases. If anything the Molloy example points to the deep separation between government and the judiciary.

    BTW the good Prof. appears to be in error in the matter EU commissioners.

  10. #25
    Join Date
    Mar 2010
    Posts
    12,044

    Default Re: (former) Political Links of the Judiciary

    Do we need to bring up the matter of how Irish politicians and civil servants (notably in the Dept of Education) handled the torrent of clerical child abuse cases?

    Why did Justice Mary Laffoy resign ...?
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  11. #26
    Join Date
    Mar 2010
    Posts
    15,318

    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Do we need to bring up the matter of how Irish politicians and civil servants (notably in the Dept of Education) handled the torrent of clerical child abuse cases?
    The mishandling of clerical abuse cases was probably to do with religious rather than political allegiance.

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Why did Justice Mary Laffoy resign ...?
    I have no idea.

  12. #27
    Join Date
    Mar 2010
    Posts
    12,044

    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by DCon View Post
    Was Mrs. Brian Lenihan a political appointee?
    I wouldn't go that far but if you are asking whether she was appointed I would say yes, in 2002 to the circuit court.

    Extracted from oireachtas record ..

    'Question Posed By: Deputy Charles Flanagan
    Subject: Judicial Appointments
    Date: 04 March 2008
    Question Number: 482

    Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The persons appointed to the District Court, Circuit Court, High Court and Supreme Court each year since 1995 to date in 2008 are as follows:


    2002
    Supreme Court
    The Hon. Mr. Justice Brian McCracken *

    High Court
    The Hon. Mr. Justice Henry Abbot
    The Hon. Mr. Justice Eamon de Valera
    The Hon. Ms. Justice Mary Finlay Geoghegan
    The Hon. Mr. Justice Michael Peart
    The Hon. Mr. Justice Barry White

    Circuit Court

    Her Hon. Judge Mary Faherty
    His Hon. Judge Alan Mahon
    His Hon. Judge Gerald Keys
    Her Hon. Judge Patricia Ryan
    Her Hon. Judge Miriam Reynolds Buckley
    His Hon. Judge James O’Donohoe

    District Court
    Judge Geoffrey Browne
    Judge Bryan Smyth
    Judge Anne Watkin
    Judge Cormac Dunne
    Judge John Coughlan

    While the ultimate decision as to who should be recommended to the President for appointment to judicial office rests with the Government, the Government’s practice has been, since the establishment of the Judicial Appointments Advisory Board (JAAB), to recommend only persons who have been recommended as suitable for appointment to judicial office by the JAAB. The Act requires that where appointments are made on a recommendation of the Board notice of that fact shall be published in Iris Oifigiúil. The provisions of section 16 of the Courts and Court Officers Act 1995 — dealing with the submission of names to the Minister by the JAAB — do not apply where the Government proposes to advise the President to appoint to judicial office a person who is already a judge of the High Court, Circuit Court, District Court or who is eligible for appointment to the Supreme Court or the High Court by virtue of their membership of a specified international court. Persons so appointed are indicated by an asterisk (*) in the above list. The appointment of a judge of the High Court as Chairperson of the Commission to inquire into Child Abuse was on the basis directly of a nomination by the Government.'
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  13. #28
    Join Date
    Mar 2010
    Posts
    12,044

    Default Re: (former) Political Links of the Judiciary

    Baron von Biffo The mishandling of clerical abuse cases was probably to do with religious rather than political allegiance.
    Motivation is not relevant ... and in Ireland religious and political motivation have always been closely intertwined. In the civil service as well as everywhere else.

    On my question of why Justice Mary Laffoy resigned ..

    I have no idea.
    Ah now. Back to the wobbly caravan with ye ...

    Edit. I've decided to be helpful...


    May 1999
    Taoiseach Bertie Ahern issues ‘long overdue apology’ to all those abused in church-run institutions and vows to establish a financial compensation board and a fact-finding commission into extent of abuse. Ms Justice Mary Laffoy is appointed to head the Commission to Inquire into Child Abuse.

    May 2000
    Government gives investigatory powers to Commission to Inquire into Child Abuse to measure causes and extent of unchecked child abuse in institutions from 1937 onward.

    July 2001
    The deadline for complaints of abuse to be made to the Commission. Some 3,149 people ask to testify.

    April 2002
    Ferns Bishop Brendan Comiskey becomes first, and only, church figure to resign because of failures to stop abuse. He admits he did too little to stop pedophile priests.

    December 2002
    Government establishes board to pay compensation to people who suffered sexual, physical or mental abuse in church-run institutions. Payouts require claimants to give up their right to sue church and state authorities. Taxpayers, not the church, cover bulk of cost.

    September 2003
    High Court Judge Mary Laffoy resigns complaining that the Department of Education, which holds most records on church-run institutions, is obstructing her investigation into child abuse. Her successor, Justice Sean Ryan, says probe must severely limit the number of abuse cases it considers or it will never finish.


    Read more: http://www.dailymail.co.uk/news/worl...#ixzz0wIiwOW5O
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  14. #29
    Join Date
    Feb 2010
    Location
    Rockall
    Posts
    78,362

    Default Re: (former) Political Links of the Judiciary

    If we're heading to the child abuse issue, there's a thread on the back shelf in which someone raised the question of how different parties approached child sex abuse.
    It would be better imo to revive that thread for that discussion and keep this one on topic.

  15. #30
    Join Date
    Mar 2010
    Posts
    12,044

    Default Re: (former) Political Links of the Judiciary

    Absolutely .. I think the Baron's queries have been answered anyway...
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

Page 2 of 10 FirstFirst 1234 ... LastLast

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Share us
Follow Us