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General Irish politics discussion thread

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Comments

  • Moderators, Science, Health & Environment Moderators Posts: 20,358 Mod ✭✭✭✭Sam Russell


    Only after the fact. The official position has to wait for the conviction.

    Have there been previous cases of a sitting judge being convicted of such an offence?



  • Moderators, Politics Moderators Posts: 42,846 Mod ✭✭✭✭Seth Brundle


    So you think they already have a fixed plan in place and shouldn't consult with the AG?



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    The offence is immaterial.

    If convicted a Judge cannot hold office with any integrity.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    Do you think a judge convicted of any offence in a court should continue to hold office?



  • Moderators, Politics Moderators Posts: 42,846 Mod ✭✭✭✭Seth Brundle


    I do not but as it currently stands I don't want a politician acting on the matter unless they are following sound legal advice. Which is what I believe is being done despite your suggestions that the minister is dragging her feet, etc.



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  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    So if like me you don't think a convicted judge remaining in office is tenable then what advice is needed?

    That there isn't already a clear path for the government to take is worrisome.



  • Registered Users, Registered Users 2 Posts: 394 ✭✭Rustyman101


    I see Leo has been quoted as a believer in free speech but.......there has to be limits which I assume Helen and himself will decide how free our speech will be.

    Sooner we get rid of these clowns the better GA can't come soon enough.

    This country has really descended in the last 2 years.



  • Moderators, Politics Moderators Posts: 42,846 Mod ✭✭✭✭Seth Brundle


    It would be absolutely stupid of any minister to take action against a judge's position without legal advice. Would that be the SF approach or would they take advice?

    As for no fixed procedure, I'm sure there are many potential scenarios without one but not being a legal expert, I'd rather that procedures were put in place for actual scenarios before potential scenarios.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady



    Nobody said she should take action without legal advice.

    What I said was she should know and have a pre-ordained legally sound path to follow already mapped out if a judge is convicted of any offence.

    Emphatically state that there is no place in the judiciary for a convicted judge.



  • Registered Users, Registered Users 2 Posts: 21,831 ✭✭✭✭Water John


    What a pathetic attempt to tie the wrong doing of a Judge to the Govn't. Try harder.



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  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    Or the government response to a judge being convicted. What he did has nothing to do with the government.



  • Moderators, Politics Moderators Posts: 42,846 Mod ✭✭✭✭Seth Brundle


    You have been trying to blame the minister for not making sudden decisions on what to do or that there is not a plan in place or whatever. Who gives a toss really as long as the action is legally sound?

    Presumably a SF MoJ will document procedures for all potential scenarios if they ever take the reigns 🙄



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    Your SF obsession aside here, the government has had 100 years to make clear what should happen a convicted judge.

    It should be automatic on conviction.

    Is the AG going to give the Minister a menu of options?

    That is untenable under any government, SF or otherwise.



  • Moderators, Business & Finance Moderators Posts: 10,809 Mod ✭✭✭✭Jim2007


    Your post just confirmed two things: you have your own little hobby horse to beat and you lack experience of decision making in any senior management position. You have no idea what her intentions are nor who she has consulted, just the audacity to assume you know better.

    And engaging someone with such a limited perspective in discussion is a waste of time.



  • Registered Users, Registered Users 2 Posts: 6,621 ✭✭✭Augme



    I wonder if letting the Judge continue in his job after his release is one of the options.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    Well, it certainly seems there may be 'options'.

    Appalling if there are, really.



  • Registered Users, Registered Users 2 Posts: 21,831 ✭✭✭✭Water John


    Everyone needs a little lieutenant. There is the problem of the, separation of powers. Should it be a Court of Judges, in some form, decide on such issues? Is there a lacuna, where new legislation may be required to plug the gap? The US for example, has a problem at present in that it can't remove any errant Supreme Court Judge. Their is no mechanism in the law. Not sure about the UK.



  • Moderators, Sports Moderators Posts: 29,533 Mod ✭✭✭✭Podge_irl


    There are numerous, exceptionally good reasons that a judge should not be immediately or automatically removed by an MoJ on the back of "any" conviction. Not least being the risk of malicious prosecution being used to remove unfavourable judges.

    There most likely is a process in place with a known outcome but the first step in the process is consulting the AG. Following a proper and lawful process even when you "know" the final outcome is rather important.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    Are you saying she is consulting the AJ on the integrity of the court case that convicted him?

    If you look you will see a clear path laid out in the constitution.

    Article 35.4 of the Constitution of Ireland states:

    A judge of the Supreme Court, 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.

    The Taoiseach shall duly notify the President of any such resolutions passed by Dáil Éireann and by Seanad Éireann, and shall send him a copy of every such resolution certified by the Chairman of the House of the Oireachtas by which it shall have been passed.

    Upon receipt of such notification and of copies of such resolutions, the President shall forthwith, by an order under his hand and Seal, remove from office the judge to whom they relate.

    Although Article 35.4 refers specifically only to judges of the Supreme Court, Court of Appeal and High Court, the same procedure would have to be followed in order to remove a judge of the Circuit Court or the District Court as these judges are declared to hold office by the same tenure as the judges of the Supreme Court and the High Court by, respectively, section 39 of the Courts of Justice Act 1924, and section 20 of the Courts of Justice (District Court) Act 1946.

    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.



  • Registered Users, Registered Users 2 Posts: 4,881 ✭✭✭political analyst


    Just before Christmas, there was an article in The Anglo Celt about a discussion that Cavan county councillors had about the war in Gaza. Foreign policy is a matter for the Oireachtas. Why would a county council have a debate about a subject that is outside its remit?



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  • Registered Users, Registered Users 2 Posts: 17,803 ✭✭✭✭Loafing Oaf


    Did you not know Cavan County Council is a hotbed of foreign policy expertise, Ireland's very own




  • Registered Users, Registered Users 2 Posts: 3,692 ✭✭✭Fionn1952


    The reason for consultation is pretty clearly laid out in the last paragraph there, Francie.

    You know I'm no fan of FF or FG, but I'd much rather our government followed due process than just rushed to a snap decision for the sake of newspaper headlines. It is pretty inevitable that the judge in question will be stepped down, if it takes an extra few days to ensure the correct process is followed, with proper legal consultation...I'm pretty fine with that.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    No problem with her consulting whoever, but why not say the government would seek to sack this convicted judge by following the route laid out in the constitution? The government that wants a 'zero tolerance' environment.

    Strange I thought.



  • Registered Users, Registered Users 2 Posts: 21,831 ✭✭✭✭Water John


    Wrong again, it's not the Govn't that removes a judge, it's the Dail and Seanad.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    The government can bring a motion before the Dáil - to begin the process.



  • Registered Users, Registered Users 2 Posts: 21,831 ✭✭✭✭Water John


    Which I presume they will, on the advice of the AG. Then all the info available is laid before the two houses, who decide.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    The question remains so, why do they need the advice of the AG to take a path laid out in the Constitution and why would the MoJ not say that was their intention.

    IMO it was the time for a strong unambiguous statement, not a kick to touch.



  • Registered Users, Registered Users 2 Posts: 21,831 ✭✭✭✭Water John


    Not taking legal advice first, would never be a good option.



  • Registered Users, Registered Users 2 Posts: 73,533 ✭✭✭✭FrancieBrady


    I don't see the problem with laying out what the governments intentions are. She would have been fully legally compliant mapping out what is in the constitution.



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  • Moderators, Politics Moderators Posts: 42,846 Mod ✭✭✭✭Seth Brundle


    You are assuming that politicians are familiar with Constitutional law and know that what they expect should happen will apply in each case. Any politician who mouths off about sacking a judge without having first checked the legal processes are sound is likely to create a situation where the judge cannot be removed e.g. the process becomes legally questionable because it is a political decision. As I said previously, I'd be concerned if any politician did this and I'd question their suitability for office!



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