Mattie McGrath (Tipperary, Independent) | Oireachtas source

Is the Ceann Comhairle now being censured or lectured? He is doing a fine job, as always. I always find him to be very fair. This is extraordinary. The whole timeline in respect of this situation is utterly unsatisfactory and extraordinary. I am worried and concerned about the people at home looking at, or reading, this debate. They are under the floor in debt, are living in fear and have anxiety and trauma as a result of what is going on in respect of Covid. We can look at this side by side with what is going on here and how long it took to get agreement for these questions today, limited as they are.

I will again go over the timeline, which is utterly extraordinary. In June 2019, Ms Justice Mary Finlay Geoghegan, a Supreme Court judge, retired. On 14 January 2020, a general election was called. Also in January 2020, Mr. Séamus Woulfe applied to JAAB to be considered for the Supreme Court job. On 4 February, the Chief Justice, Mr. Justice Frank Clarke, wrote to the then Minister for Justice and Equality, Deputy Flanagan, seeking a judge for the Supreme Court. On 8 February, the general election was held. We were all very busy at that time. On 17 February, the then Minister wrote to JAAB, which is chaired by the Chief Justice, Mr. Justice Clarke, to ask the board to recommend a candidate for the position of Supreme Court judge. On 9 March, the board sat under Mr. Justice Clarke and cleared the name of Mr. Woulfe as the only name proposed for the Supreme Court vacancy. On 11 March, JAAB wrote to the then Minister to inform him that it had cleared the name of Mr. Woulfe. After a long gap, on 27 June the new Government was formed after all the talks, anxiety, wheeling and dealing, horse trading and anything else that went on. Those of us in the Rural Independent Group were interested but we were not wanted next, nigh or near the Government. We have a good idea why that was the case. The current Minister, Deputy McEntee, then brought the only name proposed by JAAB, that of Mr. Woulfe, to the Cabinet meeting on 15 July. I believe it was her first Cabinet meeting but I am open to correction on that point.

This is deeply suspicious. A former Fine Gael Attorney General, Mr. Séamus Woulfe, applied to JAAB, which is chaired by his old friend, the Chief Justice, Mr. Justice Frank Clarke, in respect of a Supreme Court vacancy. This post had been vacant for seven months, which is extraordinary, but suddenly, when Fine Gael faced possibly losing office as a result of the election, Mr. Justice Clarke decided to get moving and set the wheels in motion by writing to the then Fine Gael Minister, Deputy Flanagan, telling him that he needed a judge to be appointed. The Minister then wrote to JAAB, which is chaired by the former Fine Gael supporter, the same Mr. Justice Clarke, to ask it to convene to consider the vacancy. The board met in haste and sent Fine Gael supporter, Mr. Woulfe's name back up to the then Minister who decided to sit on the nomination for over three months, or 12 weeks, until the new Government was formed. He and the new Minister, Deputy McEntee, appear to have binned the other expressions of interest from well-qualified judges. Deputy Flanagan handed this minefield over to Fine Gael's new Minister for Justice and Equality who took it to Cabinet. It is absolutely crystal clear that the current Minister did not make this decision alone. She was probably absolutely innocent in doing the party's work, which one can call what one likes but it begins with a "d". It is shocking.

What process was followed in respect of the other judges appointed on the very same day as Mr. Séamus Woulfe, now Mr. Justice Woulfe? From where did the Minister get her advice on these other appointments? Did she consult the Taoiseach, Deputy Micheál Martin, the Green Party leader, Deputy Eamon Ryan, the Tánaiste, Deputy Varadkar, or the previous Minister, Deputy Flanagan with regard to these appointments? Did she speak to Deputy Flanagan, who is now a backbencher, about the appointment of Ms Mary Morrissey to the Circuit Court? Did she know that Judge Morrissey had once worked in Deputy Flanagan's firm? I do not have great eyesight and I have to wear glasses but a blind man could see what is going on here. There are none so blind as those who cannot see at all. This stinks to high heaven. It is extremely sad.

As I assured the Taoiseach on the day we met, the Rural Independent Group has no interest in engaging in a witch hunt with regard to Mr. Justice Séamus Woulfe or in pursuing the impeachment process. There are no grounds for it. We could not do it even if we wanted to. I will be very clear that our group will not support such an action. We do, however, have to get this sorted. Would these shenanigans have taken place if the former Minister for Transport, Tourism and Sport, Shane Ross, was still in Cabinet? He lost his seat. That was unfortunate. We had many a good row but, nonetheless, he tried gallantly to reform this process for decades whether in his writings, in Cabinet, in the Seanad or in the Dáil as an Independent Deputy.

We did get some reform. We got a judicial conduct committee which is empowered to deal with complaints. An Act in this regard was debated here and signed into law six, seven or eight months ago by the President. I believe that building has been rented for it and that it has a full complement of staff. All that is needed is a doorman to open the door so that the general public will be able to make complaints. Why are we waiting until next June for this? Why is it being delayed? There are some very sinister reasons behind this which need to be questioned. I will not put them on record but I know what they are. Murky business is going on.

We have the separation of powers. The Ceann Comhairle can stop me if I stray from what it is permitted to say. There are people in the Four Courts today. The courts are not meant to be sitting to hear cases relating to evictions but they have been sitting right throughout the pandemic and through both lockdowns. There is supposed to be a moratorium on banks evicting people but people are being evicted from their homes.

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