President’s independent streak ruff ling feathers of constitutional lawyers
UNEASE is growing, significantly amongst constitutional lawyers, over the seemingly increasing independence of President Michael D Higgins.
The Presidency has a special place in the Irish constitutional structure where the office is seen as being above criticism.
However, concern is growing amongst senior members of the legal fraternity that the President is exceeding his powers.
One senior legal figure warned: ‘The separation of powers between the Oireachtas, the courts and the Presidency is a sensitive issue.’
‘There is a concern’, one source said, ‘that the Áras is getting out of control, that the President and his entourage see themselves to be an alternative court.’
The trouble was sparked by Sabina Higgins’s letter to the Irish Times last Wednesday, criticising an editorial in the paper for not encouraging ‘any ceasefire negotiations that might lead to a peace settlement’. She added that until the world persuades Russia and Ukraine to agree to a ceasefire and negotiations, ‘the long haul of terrible war will go on’.
It is believed the letter was published on the President’s official website but later removed. The Áras has yet to respond to queries on whether this happened.
In a rare diplomatic démarche, Ms Higgins was sharply criticized by one Ukrainian MP, Kira Rudik, who noted: ‘It’s easy to call for peace when you are not actually inside war.’
She continued: ‘When somebody calls for peace, I can tell you there is too much blood, too much pain and no security guarantees. So, we are not aiming for peace, we are aiming for the victory.’
The Ukrainian Ambassador to Ireland, H.E. Larysa Gerasko, said she does not believe the letter is the official position of the President of Ireland. Ms Gerasko said she saw the letter on the President’s website and is aware that it has now ‘disappeared’ but she said that, as far as she understands, that means it is not the President’s official position.
Asked if she felt Ms Higgins’ comments were appropriate, she said Ms Higgins has the right to express her view but she said she thought it was better that the Irish people and the Irish Government and politicians ‘express their view on this point’.
Michael Baskin, who runs the Ukrainian Crisis Centre and has represented the Ukrainian community in Ireland for a number of years, said while he accepts Ms
Higgins’ perspective and her right to an opinion on the conflict, he said the publication of her views on the official website of the President of Ireland suggested the office was accepting that view.
He said: ‘She is an intellectual and she is clearly coming from a humanitarian basis but sometimes I think, on such a sensitive topic, I’d like to see a deeper understanding of the actual facts.
‘The question is whether his ego is out of control’
‘If the President’s office put it on the website that means they are accepting the views. It sends very strange signals. An opinion in the paper is one thing but putting it on the website is completely changing the game.’ The Government has not yet responded to a request for comment.
One senior legal source warned: ‘Deference to the institution of the Presidency cuts both ways. It has to be earned. There is an unwritten contract’.