Clarke quits Dubai court job just days after swearing in
Questions raised over ex-chief justice’s appointment
Ireland’s former chief justice has resigned as a judge in Dubai only days after being sworn in.
Frank Clarke, who retired as chief justice last year, and former president of Ireland’s High Court Peter Kelly were among four retired judges sworn in as judges of the Dubai International Financial Centre Courts last week.
The courts arbitrate on commercial and civil disputes involving companies operating in Dubai and the United Arab Emirates.
Their appointments were made by the billionaire vice president of the UAE and ruler of Dubai, Sheikh Mohammed Bin Rashid Al Maktoum, 73.
Earlier this year, Sheikh Mohammed, a member of the Queen’s racing circle, was condemned by a senior British judge for his behaviour towards the youngest of his six wives, Princess Haya Bint al-Hussein.
Haya, 47, fled to London in 2019 in fear of her life with their children – Jalila, now 14, and Zayed, ten – after her husband learned that she was having an affair with her British bodyguard.
The UAE has also been heavily criticised internationally on humanitarian grounds, including its treatment of women, LGBTQ+ people, political dissenters, and migrant workers.
Mr Clarke’s appointment was questioned by some within the legal profession in Ireland, particularly as he was recently appointed as the president of the Law Reform Commission for a five-year term.
The commission reviews current laws in Ireland and conducts research on potential legal reforms.
In a statement confirming his resignation, Mr Clarke said he did not want controversy over his appointment in Dubai to affect the work of the commission.
He said: ‘Ireland and many Irish companies do significant business in and with Dubai and in that context it is important there be an independent and trusted dispute resolution system available to those companies. ‘However, I am concerned the current controversy could impact on the important work of the Law Reform Commission to which I am committed. ‘In those circumstances, I can confirm that I have today submitted my resignation as a judge of the DIFC courts to the Chief Justice of that court.’
A spokesman for Justice Minister Helen McEntee said: ‘Neither the Minister nor the Department were informed in advance of these appointments, nor had they any role in this appointments process. This is a private matter for the individuals concerned.’
Mr Clarke belatedly clarified that it was the Attorney General Paul Gallagher whom he had informed about his Dubai appointment, as he was the person who had approached him over the LRC position on behalf of the Government.
Appointments to the LRC are a taoiseach’s responsibility.
One senior source warned: ‘Once again it raises fundamental questions as to who is in charge. The Government certainly don’t appear to be.’
An informed source asked: ‘Why is it that this Government appear to be incapable of making the simplest appointment, without plunging us into a full-scale political crisis?’
And regarding Mr Clarke’s decision to accept the role, the source said: ‘To put it mildly it lacked judgment.’ Labour Party leader Ivana Bacik said his resignation is ‘sensible and appropriate’.
She said her main concern was about him holding the position of a judge in courts she considered to be ‘a mechanism to support an oppressive regime’ while also being president of the Law Reform Commission, a State body.
Ms Bacik said: ‘As a feminist and a lawyer, I have huge concerns around anyone, whether in sports or law or any profession being apparently used to justify or legitimise a regime that is oppressive.’
In a tweet on Saturday, Ms Bacik said there were ‘serious concerns and questions’ about the appointments.
But legal sources said in reference to her criticism earlier in the week that while: ‘Other peripheral figures may be claiming the credit for Mr Clarke’s resignation, the views of the bar were being made
‘Raises questions as to who is in charge’ ‘It was an utterly unwise act’
very clearly to our political friends. It was an utterly unwise act.’
Mr Clarke was, on the advice of AG Paul Gallagher, appointed to the €59,000-a-year role as president of the Law Reform Commission without an open recruitment process. The decision sparked concern from Government backbenchers.
Fine Gael TD Jennifer Carroll MacNeil noted that proposed changes which require that all appointments be applied for, including the most senior judges, meant ‘it seems reasonable that the same process be applied to the Law Reform Commission’.
The decision of Mr Clarke to resign may not represent the end of his troubles given the scale of the bar library’s ‘revolt’ against the initial decision.