‘Two separate rooms, each with their own entrance and exit... ’
With Séamus Woulfe, judge of the Supreme Court as reviewed by Susan Denham, former chief justice
WHETHER the Oireachtas Golf Society Dinner on August 19, 2020 was a breach of the regulations in force at the time is an issue of legal debate. By recommending charges, the Director of Public Prosecutions is making it clear that she believes it is. In former chief justice Susan Denham’s report into Supreme Court Judge Séamus Woulfe’s involvement with the event, a number of arguments were made by Judge Woulfe that the event itself was in compliance. Crucially, everybody agrees that attendance at the event is not an offence. Here is a useful guide, effectively authored by a sitting Supreme Court judge and reviewed by a former Supreme Court judge, of the rest of the key defences potentially to be relied on. What follows are direct extracts from Ms Susan Denham’s Report.
HOTEL GUIDELINES JUNE 2020
‘A DOCUMENT entitled “Guidelines for Reopening Hotels and Guesthouses June 2020” was brought before the reviewer on 8th September, 2020. It is described as a “living document”, which means that as Government restrictions and public health guidelines develop the document will change. The guidelines are endorsed by the Government of Ireland, Fáilte Ireland, the Irish Hotels Federation and Covid-19 public health advice. The Hotel Federation had advised its members that new Government Guidelines needed to be implemented once Fáilte Ireland issued up-to-date guidance.
The up-to-date guidance was not issued until some days after the 19th August, 2020.
The document, relevant to the 18th August, 2020, was opened. Guideline 18 was referred to inter alia. Guideline 18 is entitled “Meetings and Events”. Under a heading “Physical Distancing Protocol” it is stated: “There is a limit on the number of people gathering in a venue at one time in line with NPHET guidance on indoor gatherings. The limit includes workers. Multiple gatherings are allowed in venue facilities provided they are in separate defined spaces and there are systems to prevent intermingling in common spaces (e.g.entrances, exits and toilet facilities)”.’
ENGINEER’S REPORT
‘AN ENGINEER’S report was submitted to this review on behalf of Mr Justice Woulfe. An inspection of the Station House Hotel in Clifden was carried out by the engineer on the 29th August, 2020. The report of the engineer included a Book of Images and a floor layout plan which were the subject of questions raised by the reviewer at the meeting on the 8th September. In his report the engineer described the hotel as a 78-bedroom hotel with bars, restaurants, function rooms, a theatre and a spa and leisure centre.
‘The engineer understood that
PHIL HOGAN AND GOLFING JUDGE MUST GO - POLL
the hotel has two function rooms, the Omey Suite and the Kylemore Suite, which are adjoining and divided by a full floor-to-ceiling height retractable wall, and that the Oireachtas Golf Society dinner was split between the two suites. The engineer understood that there were 45 people, including Mr Justice Woulfe, seated in the Omey Suite, and there were 36 people seated in the Kylemore Suite.
‘There was a service route through an opening in one end of the retractable wall which was used to serve dinner in the Omey Suite on the night in question.
‘The engineer was instructed that the dinner was followed by speeches and a prize-giving; that a mobile audio speaker system had been installed in the Kylemore Suite for guests to hear the speeches, and to facilitate the adjustment of volume of the speaker a section of the retractable wall was opened at the time of the speeches and prize-giving, which resulted in a narrow opening in the wall between the suites at that stage.’
ENGINEER’S CONCLUSION
‘THE engineer’s report concluded: “While the applicable statutory instrument
(SI 234/2020) stipulated that the maximum number of persons attending a gathering should not exceed 50 persons, guidelines issued on behalf of the Government, Fáilte Ireland and the Irish Hotels Federation expressly permitted multiple such gatherings in separately defined spaces. I am satisfied that, at the time of the event, the layout of the Omey Suite and the Kylemore Suite, which were separate defined spaces, and the arrangements in place in the hotel, conformed substantially to the requirements of s.18 of the guidance relating to “Multiple Gatherings”.’
KEY WOULFE DEFENCE
‘IT was submitted that, in accordance with the regulations in effect on the 19th August, 2020, that any one gathering of people in a room was limited to 50 people, but that the hotel was entitled to have a number of such gatherings, provided they were in separately defined spaces. In relation to the event in issue, counsel also submitted that the two gatherings (in the Omey Suite and in the Kylemore Suite) were in two separate rooms, each with their own entrance and exit.
‘Further, it was submitted on behalf of Mr Justice Woulfe, that whether the removal of the panel in the retractable wall at the end of the evening, for the speeches and prize-giving, was a breach of the guidelines, was not entirely clear, but that the evidence of Mr Justice Woulfe was that he was not aware of the removal of the panel.’
DENHAM CONCLUSION
‘THE reviewer [Denham] has considered carefully the documents in this review. While the Government announced new measures on the 18th August, 2020, no new guidelines making the new measures operational were adopted by the Government/ Bord Fáilte/Irish Hotels Federation until the 24th August, 2020, and the statutory instrument relating to the new rules was not yet in force. Thus on the 19th August, 2020 the hotel and dinner organisers believed that the rule remained that 50 people could attend an event.
‘In this case Mr Justice Woulfe was in a room with less than 50 people.
‘The reviewer considers that, on a review of the submissions presented by or on behalf of Mr Justice Woulfe, and the reviewer’s assessment of the relevant guidelines and statutory instruments, the law, as presented by and on behalf of Mr Justice Woulfe, it was not unreasonable for him to consider that the dinner was Covid-19 compliant.’