Golfgate spotlight now focused on ex-minister Hayes and judge
Legal expert backs Woulfe as criticism continues
AS SÉAMUS Woulfe became the focus of attention in the wake of Phil Hogan’s resignation over the Oireachtas golf dinner controversy, the Supreme Court judge won some backing in legal quarters yesterday.
EU Commissioner Mr Hogan’s departure comes after a spate of high-profile resignations, including that of Dara Calleary, who quit both as Agriculture Minister and Fianna Fáil deputy leader.
Meanwhile, former RTÉ broadcaster Seán O’Rourke apologised and was reported to have lost a chance to return to the national broadcaster, while Jerry Buttimer quit as Seanad leas-cathaorlach, and six Fianna Fáil and Fine Gael senators lost the party whip.
They included Mr Buttimer, Paddy Burke and John Cummins of Fine Gael, and Paul Daly, Aidan Davitt and Niall Blaney of Fianna Fáil. Independent TD Noel Grealish has apologised.
And now the focus has turned on Judge Woulfe and former Fine Gael junior minister Brian Hayes, who is currently the chief executive of the Banking and Payments Federation Ireland, the bankers’ lobby group.
Judge Woulfe was supported yesterday by Tom O’Malley, a senior lecturer in law at University College Galway, who said removing him from the Supreme Court would be ‘entirely disproportionate’. This comes as former Supreme Court chief judge Susan Denham begins her investigation into Judge Woulfe’s attendance at last week’s infamous Oireachtas Golf Society dinner in Co. Galway.
Mr O’Malley said an apology, which the judge has already made, or an admonishment would ‘surely be the appropriate response’ if he was found to have been at fault. On his blog Sentencing, Crime And Justice, Mr O’Malley wrote a piece entitled, ‘Golfgate: A Plea for Rationality and Proportionality’.
In it, he wrote that it would not be proportionate for the judge to be removed in accordance with Article 35.4 of the Constitution, which allows a judge to be removed for ‘stated misbehaviour or incapacity’ following a resolution by both Houses of the Oireachtas. He said removal from office ‘should be reserved for cases of grave misbehaviour’, which he said was clear from the Judicial Council Act 2019, the relevant sections of which have not yet been commenced. However, SolidarityPeople
Before Profit TD Richard Boyd Barrett has called for the resignation of Judge Woulfe and an inquiry into the event in Clifden.
And retired judge Gillian Hussey has said it ‘beggars belief’ that the Oireachtas Golf Society event was held during a pandemic.
She said she cocooned earlier this year, even when she should have been walking following a hip operation, as she did not want anyone to think she was ‘above the law’. She said: ‘I am astounded to think that any golf function, but particularly the function it was, was taking place in this pandemic, because so many people have had so many tragedies.
‘You listen to stories on the radio, you see them on the television, people not able to go to their parents’, their husband’s or their wife’s funeral. It beggars belief but it doesn’t surprise me.;
It is believed former chief justice Ms Denham has begun questioning witnesses as she examines the role of Justice Woulfe at the Clifden dinner. On Monday, the Supreme Court appointed her to investigate and said that she would begin her work immediately.
The court said she will also be looking at other aspects of his attendance, adding: ‘Whether he should, in all the circumstances, have left the hotel in the light of the situation prevailing. Furthermore, whether he should have attended the golf event without attending the dinner. In the context of those questions, Ms Justice Denham has also been asked to consider whether there are any relevant codes of practice or guidelines and to make any recommendations in that regard which she considers appropriate.’
Meanwhile, attention has shifted to who will replace Mr Hogan, with Tánaiste Leo Varadkar ruling himself out of the race yesterday.
European Commissioner president Ursula von der Leyen asked Taoiseach Micheál Martin for a male and female candidate to replace Mr Hogan. MEP and vice president of the European Parliament Mairéad McGuinness is one of the favourites to take the role.
Responding to speculation about him taking the role, Mr Varadkar
‘The appropriate response’ ‘It doesn’t surprise me’
told reporters yesterday: ‘My intention is to continue to lead my party, to work hard in my job as Tánaiste and Minister for Enterprise, Trade and Employment, and to become Taoiseach again in 2022.’
When asked: ‘Are you ruling yourself in or out’, he replied bluntly: ‘That’s my answer.’ He praised Mr Hogan’s record as Commissioner but said the situation was untenable. ‘The situation developed as it did, he was given an opportunity to explain his whereabouts and his movements within Ireland and to confirm that he had been following the public health guidelines, and unfortunately over a period of days it transported that he had not,’ he said.
Meanwhile, Ms von der Leyen’s statement on the Hogan affair yesterday suggested his resignation may not have been his decision. She said in televised comments: ‘Over the past days, I discussed with Phil Hogan about his movements in Ireland in light of information that emerged regarding respect of public health guidelines in Ireland.’ ‘In the current circumstances, as Europe fights to reduce the spread of the coronavirus and Europeans make sacrifices and accept painful restrictions, I expect the members of the College [of Commissioners] to be particularly vigilant about compliance with applicable national or regional rules or recommendations.
European Commission deputy chief spokesperson Dana Spinant confirmed Ms von der Leyen was in touch with the Taoiseach yesterday morning and that the Commission was calling on Dublin to put forward a male and female candidate.