Flanagan told Chief Justice in February that Supreme Court vacancy was a matter for the next government

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FOI documents show what the Justice Minister advised Chief Justice Frank Clarke about filling the vacancy at the Supreme Court

Image: Leah Farrell Image: Leah Farrell THE JUSTICE MINISTER had advised Chief Justice Frank Clarke in February that the task of filling the vacancy at Supreme Court was a matter for the next government.

The Chief Justice sent a letter to the then-Minister for Justice Charlie Flanagan on 4 February – four days before the general election – asking that the Supreme Court vacancy left after Mary Finlay Geoghegan retired last June be filled.The Chief Justice stated in his letter that Ms Justice Mary Irvine had been nominated to chair the CervicalCheck tribunal, and so he had agreed with her that she wouldn’t be assigned to deal with “any substantive new matters”.

Guidance from the then-Secretary General to the Government Martin Fraser stated that “it is not considered appropriate to make any significant policy decisions or appointments… unless absolutely necessary”. Flanagan wrote that this was “simply to facilitate judicial appointment procedures at whichever point in the future it may be progressed”.In Chief Justice Frank Clarke’s response on 21 February, Clarke said that he had arranged for the JAAB to meet on 9 March .

#Open journalism No news is bad news Support The Journal Your contributions will help us continue to deliver the stories that are important to youOn Friday 10 July, a request was made for a memo about appointments to the Supreme Court, the Court of Appeal, and the Circuit Court, “ready for submission to the Government agenda on Monday morning”.

 

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