Tag Archives: Supreme Court


Minister for Education Norma Foley

This morning.

Via RTÉ News:

The Minister for Education has lost a Supreme Court appeal against findings that two home-schooled students were unfairly excluded from the Leaving Certificate calculated grades process in 2020.

Minister for Education Norma Foley had appealed against the Court of Appeal decisions in two cases.

Today the Supreme Court ruled that the refusal to exclude two home-schooled students from the calculated grades system was an impermissible interference with the constitutional freedom of the family to provide education in the home.

So there.

Minister loses appeal over calculated grades for home-schooled students (RTE)




Some legal commentators believe Mr Justice Woulfe would be entitled at this stage to tell the Supreme Court he has co-operated with the non-statutory inquiry set up by them and has been vindicated by it.

It is difficult to see how he could be persuaded or legally forced to enter into a resolution process that has no firm legal basis.

Senior judges meet Woulfe, but no resolution yet (RTÉ)

Yesterday: Derek Mooney: Less Justice, More Just Us

Séamus Woulfe on Broadsheet

Chief Justice Frank Clarke (left) with Supreme Court Justice Séamus Woulfe

This afternoon.

Memo to Judicial Council: how about using everyday ENGLISH in futurence?

Judicial Council?

Previously: Séamus Woulfe on Broadsheet

Chief Justice Frank Clarke (left) and Supreme Court Justice Séamus Woulfe

This evening.

The Supreme Court has released a statement concerning court member Justice Séamus Woulfe and his attendance at the Oireachtas Golf Society dinner last week.

Justice Woulfe signed off on the Covid regulations as Attorney General prior to joining the Supreme Court in July.

The statement read:

“The Supreme Court has requested former Chief Justice, Ms Justice Susan Denham, to consider certain questions arising out of the attendance of Mr Justice Seamus Woulfe at an event in the west of Ireland last week and to report her conclusions and recommendations to the Chief Justice.

“Ms Justice Denham has agreed to that request and will commence her work immediately.

“Ms Justice Denham has been asked to consider whether Mr Justice Woulfe should have accepted the invitation to dinner. In addition, 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.

“This non-statutory approach has been necessitated because of the fact that relevant sections of the Judicial Council Act 2019 have not yet been commenced.”

Via Orla O’Donnell

Denham, eh?

Previously: Woulfe Trapped


Former Attorney General and Supreme Court member Seamus Woulfe (centre) and President Michael D Higgins at Aras an Uachtarain with then Taoiseach Leo Varadkar in 2017

Statement from Supreme Court judge Seamus Woulfe

This afternoon.



Earlier: Par For The Course

At the Four Courts this morning as Chief Justice Frank Clarke (screens) speaks during the first remote sitting of the Supreme Court with Media Relations Officer Gerry Curran, far left, and Irish Times journalist Mary Carolan, right

This afternoon.

The Court Service of Ireland writez:

Today for the first time ever, the courts in Ireland sat with all parties being present in court via remote video technology.

These Virtual Courtrooms will add to the other social distancing measures introduced by the courts in response to the Covid-19 pandemic.

Both the Supreme Court and the Court of Appeal heard matters in individual cases via judges, practitioners and parties appearing via video from remote locations.

The cases were displayed on video screens in largely empty courts for members of the media present.

In the near future, reporters will be able to access cases remotely via secure and password protected links – acting as the eyes and ears of the public.

The courts will roll-out the technology in suitable cases in the coming days and weeks.

Other initiatives to organise future court hearings via extended social distancing planning will continue and expand in the coming weeks.

In a statement delivered in court via remote link, The Chief Justice, Frank Clarke emphasised that modernisation of processes was also taking place, in tandem with the use of technology.

He said that a new practice direction provided for new ways of clarifying matters in cases – in advance – so as to allow for a change in how the court and counsel interact via technology.

He indicated that this would aid the use of technology by proving for less interjection for clarification purposes during the hearings.

Virtual remote courts piloted in Ireland this morning (Courts Service Ireland)

Related: Supreme Court judges concerned about physical sittings due to Covid-19 risk (Mary Carolan, The Irish Times)

From top: Supreme Court judges – with Chief Justice Frank Clarke (centre) – in Waterford this morning; Graham Dwyer

This morning.

In Waterford.

Via RTÉ:

The Supreme Court has said it intends to refer Graham Dwyer’s case over the retention and accessing of his mobile phone metadata to the Court of Justice of the EU.

The court ruled the State’s appeal against convicted murderer Graham Dwyer’s successful challenge to the retention and accessing of mobile phone data.

The seven judges gave their decision in Waterford in a judgment that broadcast live on RTÉ News Now.

…Dwyer’s appeal against his conviction is on hold pending the outcome of these proceedings.

Appeal in Dwyer case referred to EU Court of Justice (RTÉ)


UPDATE: The judgment can be read in full here

Four Courts, Dublin

This afternoon.

Mary Carolan, in The Irish Times, reports:

“A separated father of three with joint custody and access rights has won a significant Supreme Court appeal over Dublin City Council’s categorisation of him on its housing list as a one-person household.

“…The five judge court’s unanimous ruling has implications for more than 800 separated persons in similar situations on the council’s housing list who were treated as single person households, meaning a lower Housing Assistant Payment (HAP), after their former partner was categorised as a larger household with a larger HAP.

“…The children stay with their father three nights weekly in his one bed apartment and spend the other four nights with their mother in a larger unit.

“He gets €990 monthly Housing Assistance Payment (HAP), a single person’s rate while she gets a larger HAP as a separated mother.”

Separated father wins Supreme Court appeal on housing support (Mary Carolan, The Irish Times)

DUP leader Arlene Foster and deputy leader Nigel Doods

This afternoon.

The Deputy Leader of the DUP has said the Supreme Court ruling must be respected and accepted it is possible the UK may not leave the EU on 31 October.

Nigel Dodds told RTÉ News be believes the court ruling, and what he called “the shenanigans” in the House of Commons had weakened Boris Johnson’s hand in negotiations.

Asked for his party’s response to the unanimous court ruling, he said: “The Supreme Court has spoken, the judgment must be respected.”

Dodds accepts UK may not leave EU on 31 October (RTÉ)

Earlier: Overreach

Pic: Getty

Former chief executive of Rehab Angela Kerins

RTE reports:

The Supreme Court has declared the actions of the Dáil’s Public Accounts Committee as unlawful in its treatment of the former chief executive of the Rehab Group, Angela Kerins.

The court said by conducting a public hearing in a manner significantly outside of its terms of reference and which also departed significantly from the terms of the invitation issued to Ms Kerins, the committee had acted unlawfully.

The Supreme Court also noted that issues raised in these proceedings about the conduct of Dáil committees were capable of being remedied by the Oireachtas.

Supreme Court rules PAC acted unlawfully in dealings with Kerins (RTÉ)



From 2014.

Thanks Bebe