Woulfe Trapped

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Former Attorney General Séamus Woulfe SC, right, making a socially-distanced declaration before the Chief Justice Frank Clarke to become a Supreme Court Judge on July 24

Further to Golfgate.

Supreme Court judge and former Attorney General Justice Séamus Woulfe yesterday apologised for attending the Oireachtas Golf Society’s 50th anniversary dinner at the Station House Hotel, Clifden, Co Galway on Wednesday night.

In a statement, Mr Justice Woulfe, who was appointed to the Supreme Court last month, said he was not aware there would be an organised dinner as part of the event and understood that the hotel would be “operating within Government public health guidelines”.

However, it appears the signing off of the regulations that limited events to 50 people was either Mr Woulfe’s last, or one of his last, actions as Attorney General.

Below is a timeline of events as they pertain to Justice Woulfe and the Covid regulations. Any corrections will be made.

April 7: Minister for Health Simon Harris signs a statutory instrument – SI 121 – which restricts people from both organising and participating in events.

It states:

A person shall not – (a) hold an event in a relevant geographical area unless – (i) the event is a relevant event, and (ii) the number of participants in the event is limited to not more than is reasonably necessary having regard to the nature of the purposes for which the event is held, or (b) participate in an event in a relevant geographical area unless – (i) the event is a relevant event, and (ii) the person is a relevant participant.”

The regulations’ define ‘relevant event’ as being events that are necessary or essential such as providing an essential service, going to a shop, attending a medical appointment, seeking medical assistance, donating blood, visiting a vet, exercising within 2km, attending court and providing emergency assistance,

It’s reported that Minister Harris activated these regulations following a meeting with the Attorney General Séamus Woulfe and the Garda Commissioner Drew Harris, with The Irish Times reporting:

“It is understood signing of the regulations was delayed as the Government’s lawyers worked out the precise wording and extent of the powers. Gardaí now have the power to arrest and detain those who breach the restrictions. This includes those found exercising beyond 2km from their homes or those travelling for non-essential reasons. Convictions will result in a maximum sentence of six months in prison and a fine of €2,500.”

It’s also reported that, ahead of the signing of the regulations, Mr Woulfe gave a presentation to the ministers “and outlined to Ministers how gardaí could arrest and detain anyone who refused to comply with the Government restrictions.”

June 8: Gardai lose the power to enforce the movement restrictions as previously outlined. However, anyone who organises events for more than 15 people could still face a criminal penalty.

This follows the signing of SI 206 by Minister Harris which revokes SI 121. S1 206 provides that:

“A person shall not organise, or cause to be organised, an event for cultural, entertainment, recreational, sporting, social, community or educational reasons other than – (a) where one or both of the following applies: (i) the maximum number of persons attending, or proposed to attend, the event (for whatever reason) does not exceed 15 persons…”

The statutory instrument says there are penal provisions in respect of the organisers but do not mention any criminal penalty for participants.

It also states these regulations shall remain until June 28, 2020.

June 26: Minister Harris signs the statutory instrument SI 234 which provides that:

“…a person shall not organise, or cause to be organised, an event for cultural, entertainment, recreational, sporting, social, community or educational reasons in a relevant geographical location other than where one or more of the following applies: (a) in the case of an indoor event, the maximum number of persons attending, or proposed to attend, the event (for whatever reason) does not exceed 50 persons…”

The statutory instrument states these regulations shall remain until July 20, 2020 and that organisers of events which breach the rules face criminal penalty.

June 27: Attorney General Séamus Woulfe is succeeded by Paul Gallagher SC.

July 15: Mr Woulfe is nominated as a Supreme Court judge.

July 18: Minister for Health Stephen Donnelly signs SI 252 which extends SI 234 until August 10.

July 24: Mr Woulfe is declared a Supreme Court judge.

August 9: Minister Donnelly signs SI 298 which extends S1 234 until August 31.

August 18: After a three-and-a-half hour Cabinet meeting, Taoiseach Micheál Martin announces new restrictions to take effect immediately until September 13. These include that a maximum of six people are to be seated at a table at restaurants and cafes (including pubs that serve food and hotel restaurants); and that no formal or informal events or parties should be organised in these premises.

Further to the announcement of these restrictions, Agriculture Minister Dara Calleary tells RTÉ’s Six One:

We have to be in this together… if we act together, we can once again stem the flow, like we did previously and we can manage to learn to live with this disease, as we are going to have to do for so many months to come.

The decisions today were difficult, it’s a lot harder and a lot more challenging to open up the country than it was to close it and I know that they will cause inconvenience and disappointment to people but they are necessary in light of the figures…

We have to live with that inconvenience and live with the difficult decisions that we’ve had to take today.

“…the restrictions on houses, and gatherings on houses is specifically targeted at house parties where younger people are gathering and have gathered. And it will send a message to them that those gatherings cannot continue. I heard today, on the Sarah McInerney show, a doctor from Cork saying that Covid loves to party.

“It does but it does on the basis that people are gathering in bigger numbers so that’s why we’ve had to restrict the numbers this evening.

“…it comes down to each of our own personal responsibility and each of our own personal choices in this. We all need to reduce our networks regardless of what age we are. The contact tracing has shown that the amount of people, that people are in touch with, is growing larger and larger every week…”

August 19: Agriculture Minister Dara Calleary is among more than 80 people who attend the Oireachtas Golf Society’s 50th anniversary dinner at the Station House Hotel, Clifden, Co Galway on August 19.

EU Commissioner Phil Hogan. former RTÉ presenter Seán O’Rourke, Fine Gael Senator Jerry Buttimer, Justice Woulfe and many others, also attend.

August 20: Political Correspondents Aoife Grace-Moore and Paul Hosford, of The Irish Examiner, break the story about the Oireachtas Golf Society dinner. They report that the 81 people who attended the event at the hotel were divided by an open partition, into two sets of 45 and 36, while the event’s table plan listed 10 people per table.

Gavan Reilly of Virgin Media News reports that the Department of Health has confirmed that regulations have not yet been signed in respect of the restrictions announced on August 18.

The restrictions under SI 234, which were previously extended until August 31, continue. This means anyone who organises an event for cultural, entertainment, recreational, sporting, social, or community reasons, where the number of participants exceeds 50, could face criminal penalty.

(S1 234 was signed into law by the former Minister for Health Simon Harris a day before Mr Justice Woulfe ended his term as Attorney General)

August 21: Mr Justice Woulfe issues a statement about his attendance, saying:

“I confirm that I attended one day of the Oireachtas Golf Society outing in Ballyconneally on Wednesday, 19th August, as an invited guest. I was not aware in advance that there was going to be an organised dinner as part of the event.

“On learning of the proposed dinner during the course of that day, my understanding was that the organiser and the hotel had satisfied themselves that they would be operating within Government public health guidelines.

I attended based on that understanding, that it would be within the guidelines, but do apologise for any unintentional breach of any of the new guidelines on my part.

“I would never disregard governmental or health authorities advice regarding public health, and have been at pains to follow rules and guidelines since their introduction in March. That I ended up in a situation where breaches may have occurred, is of great regret to me, and for which I am sorry. I unreservedly apologise.”

Meanwhile…

Under Article 34.6.1 of the Constitution, every person who is appointed as a judge takes the following oath:

“In the presence of Almighty God I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me.”

Under Article 35.4.1:

“A judge of the Supreme Court, the Court of Appeal, or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.”

According to the Association of Judges in Ireland:

“To date no judge has ever been removed and the phrase in Article 35.4.1 referring to “stated misbehaviour or incapacity” has never had to be judicially interpreted.”

Yesterday: Wig On The Green

Pic: Courts Service of Ireland

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23 thoughts on “Woulfe Trapped

  1. Andyourpointiswhatexactly?

    All legalities aside, he should be holding himself to a higher standard. I’m disappointed that he hasn’t stepped aside already.

  2. greenfingered

    He hasn’t a leg to stand on. This is our Dominic Cummings moment, let’s hope we aren’t fobbed off as easily as our neighbours across the Irish Sea. If we tolerate this……

  3. Sure Jaysus You Know Yourself

    Untenable. Impossible to retain any credibility while handing down sentence or deciding upon future enforceable regulation . It is the first rule of a committing a crime that ignorance is not a defence and, in this instance, ignorance becomes a checkmate situation. He’s either qualified to do the job and thus fully aware of his misdemeanour or ,by default, unqualified due to his own admittance of his ignorance.

    1. GiggidyGoo

      And ignorance can not be used as he was intrinsically involved in the preparation of actual legislation. He knew it inside out. He therefore knows that relying on a third party’s interpretation (Hotel Federation, if they were in deed asked) if incorrect cannot be relied upon in law. He also knows that staff are to be included in the calculation. He knows the numbers allowed at each table.
      The invitations also were clear about a dinner being involved.
      If this chap remains in situ, then the Supreme Court loses any respect if has.

    2. RuilleBuille

      In the second paragraph he says he wasn’t aware of the dinner. The invitation to golfgate states “Dinner on Wednesday night will be served in the Kylemore Suite, Station House Hotel, Clifden at 8.30pm. Presentation of prizes will take place after the dinner.”

      How did he miss that?

  4. Masked

    He could not see that the event was not within the rules or he chose to ignore the obvious.
    Either way he should walk

  5. Joe

    And recently Brid Smith was disgracefully criticized by her Dail (the usual low life’s, you know who) colleagues for daring to shine a light on a member of the judiciary. On an ethical basis alone Woulfe has to go.

    The Dail must now be recalled a.s.a.p.

  6. V aka Frilly Keane

    This reminds me of Maire Whelan’s appointment

    All the same sneery entitlement
    Different standards
    Them and us

    Seriously
    I can see why reasonable people, the go with the flows, and the laid back amongst us are taking to the streets with the Anti anything and anyone that doesn’t look and sound like us rattlers ranters and what ever colour vesters.

    Here – from over three years ago; the same lack of Probity and Standards then as here with Woulfe.
    https://www.broadsheet.ie/2017/07/07/gender-quotas-and-me/

      1. Truth in the News

        Judges have gone in the past, the Sheedy Affair, the nomination of Harry Whelan
        What’s so sacrosanct about them in the end they are political appointees

  7. Liam Deliverance

    He must resign, or as the end of that article says, be sacked.

    Euro Commission should give Hogan the boot also.

    Not that it makes much difference I’m curious as to whether golf was played, guests stayed in the hotel etc, or in other words was this a 24 hour event. And the max 50 guests restriction I assume includes staff numbers?

    And while I am at it, Calleary is still on a fine TD’s wage. He may have rethought his attendance at this event if the penalty was actual loss of your job.

    1. Emah

      Well, let me tell ye, you’re in for a treat when ye fill yourself in on how that one turned out!

      1. GiggidyGoo

        Oh yes, that was some show alright. Our boys in blue surpassed themselves in the thick stakes (if that’s what it was) on that one.

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