Dáil debates

Wednesday, 30 January 2008

Tribunals of Inquiry: Motion

 

8:00 pm

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)

According to Mr. Justice Hardiman, the tribunal accepted, in a classic piece of self-criticism, that "the approach which it took to the disclosure of documents prior to the decision in O'Callaghan v. Mahon Tribunal was incorrect". That approach was maintained for seven years. The distinguished jurist, former Fine Gael Minister and former Attorney General, the late Professor John M. Kelly, argued in his authoritative work, The Irish Constitution, that "criticism of the Courts is permissible". That quotation can be found on page 933 of the latest edition of that book. Professor Kelly quoted various legal cases and judgments in support of his proposition not only that people should be allowed to criticise the courts but also that it should be welcomed.

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