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Irish Times
5 days ago
- Politics
- Irish Times
Supreme Court is still changing society, says Attorney General
The Supreme Court has made 'as many' declarations of unconstitutionality in the last 15 years as happened during the court's life in the 1960s and 1970s, Attorney General Rossa Fanning has said. 'The perception that constitutional litigation has dried up and that there are no new rights is not statistically borne out,' he told the Patrick MacGill Summer School in Glenties, Co Donegal. During the same debate, Labour leader Ivana Bacik had argued that the high point for Supreme Court intervention came more than 50 years ago under Mr Justice Brian Walsh and Cearbhall Ó Dálaigh, when new rights were discovered in court judgments. 'There are as many declarations of unconstitutionality now in the last decade and a half as there ever were in the 1960s and 1970s,' said Mr Fanning, 'it is not the case that there was a whole load of declarations of unconstitutionality 50 years ago and now there are none.' However, he said the Irish Constitution is 'a mature instrument', no longer subject to 'low-hanging fruit' changes as happened 50 years ago when the Supreme Court established that everyone facing trial is entitled to legal representation. [ State urged to target five or six 'crucial' infrastructure projects Opens in new window ] 'That kind of seminal decision is unlikely to be happening as frequently now under a mature instrument. But that's not necessarily a bad thing,' Mr Fanning said in a debate on the Constitution, chaired by Ruadhán MacCormaic , editor of The Irish Times. Contrasting the Irish and US supreme courts, Mr Fanning said: 'The Constitution doesn't mean whatever the judge thinks it should mean when he gets out of bed. 'The Constitution is not a subjective document. There must be objective principles that govern its interpretation. The meaning must be found from within the document itself.' The Supreme Court rejected an application by Katherine Zappone, who later became a minister, to have her Canadian same-sex marriage recognised in Ireland, but this left the way open for a successful referendum later, he said. 'I personally think it's very difficult to disagree with the proposition that the way we did bring it about has an awful lot more democratic legitimacy, and consequently popular and public acceptance,' the Attorney General said. 'Quite literally, the proposition was put to the people and the people decided, not unelected judges arriving at a very strained and artificial interpretation of a Constitution written in 1937.' [ Better-off families 'sailing away from the have-nots', warns Ombudsman Opens in new window ] The Irish experience can be contrasted with the US, where its 'constitution is almost impossible to amend' and where president Donald Trump could boast that one of his most significant achievements was the appointment of three conservative judges. '[They] are called upon to decide all of these important moral issues, whether it be same-sex marriage or abortion or many other things. They've become almost more important than any legislator in America, with Secret Service protection following them around.' Contrasting the Walsh/Ó Dálaigh Supreme Court with the court in later years, Ms Bacik, a legal academic and barrister who has appeared before the Supreme Court, argued: 'In the 1960s and the early 1970s, we saw an expansive approach to judicial lawmaking. Then that completely slowed down. 'There was then a rolling back and judges were much more deferential to the executive and the Oireachtas, leading to charges that the era of judicial lawmaking was over.' However, there has been a change since 2017 where 'some judges on the Supreme Court are clearly looking to be more expansive again', drawing inspiration from the European Convention on Human Rights, among other sources. 'It's no longer unusual to see quite a number of different judgments [from Supreme Court justices],' she told the summer school, adding, 'some are clearly pushing the boundaries a little'. Referring to the Irish unification debate, the Labour leader urged the creation of an Oireachtas joint committee that would consider 'the language and text' of the Constitution in advance of a unity referendum. Unlike the situation now facing the US, most, if not all, of the Irish Supreme Court judges are not known by the public, Prof David Kenny, Professor in Law and Fellow and head of Trinity College Dublin's law school. 'Almost no one in the room could identify one Supreme Court judge as being on the left or on the right, as opposed to the US where you can almost predict decision by decision how judges will come down,' he said.
Irish Times
6 days ago
- Politics
- Irish Times
Irish-Syrian activists ask Labour not to support Connolly's presidential bid
A group of Irish-Syrian activists has written to the Labour Party asking it not to back Independent TD Catherine Connolly 's bid for the presidency. The Galway West representative officially confirmed her candidacy on Tuesday with the backing of TDs and Senators who will provide some of the 20 Oireachtas member votes she needs to secure a place on the ballot. She met the Labour Party, which is considering supporting her campaign, on Tuesday. But earlier this week party leader Ivana Bacik and other elected representatives were asked by the Irish-Syria Solidarity Movement not to back Ms Connolly's campaign. Ms Connolly's visit to Syria alongside three other TDs, at a time when the regime of Bashar al-Assad was still in power, has been the subject of scrutiny since she became publicly linked to a presidential run. READ MORE In an email sent to Ms Bacik and others, the group thanked the Labour leader for her previous support of Syria, which they said was 'unique among Irish TDs'. Independent TD Catherine Connolly has held a press conference outside Leinster House where she spoke about her plans to run for president. Video: Bryan O'Brien In the email, the group asked the party not to endorse Ms Connolly as it believes she is 'not fitted to this role'. The group said it would find it 'shocking and deeply disappointing' if Labour backs her. And it argued that the trip 'provided legitimacy to the Assad regime and its narrative'. The group also flagged concerns that Ms Connolly launched former MEP Clare Daly 's bid for re-election to the European Parliament last year. Ms Daly, along with Mick Wallace and Maureen O'Sullivan, were the other TDs to make the trip to Syria. On Wednesday, Ms Connolly spoke about her vision for the presidency and defended her record, including the trip she took to Syria At the time, Assad was still in office and engaged in a civil war. Asked about the visit, she replied that she funded the trip herself, its purpose was 'fact-finding' and she 'met no member of government'. She said she visited a refugee camp outside Damascus and 'saw first-hand the destruction of a whole city', adding: 'I mean, my idea, up to then, of a refugee camp wasn't up to scratch really.' Ms Connolly said they were shown around by Palestinians and 'we stayed with them all of the time'. They travelled to Aleppo and met the chamber of commerce and also had a meeting with Unicef , as well as visiting a convent. 'On no occasion had I anything to do with the government, nor did I ever utter one word of support for Assad,' she said. Is Mary Lou McDonald about to enter the presidential race? Listen | 41:13 Labour has sent a survey to its members seeking views on how it should proceed in the presidential race and asked directly whether it should support Ms Connolly's bid. There are varying views among Labour politicians over such a move, which may ultimately be immaterial to her nomination, but still has an impact on the campaign. Support for her candidacy could prove to be consequential for the party as it mulls involvement in the Áras race. Several Labour TDs believe privately the choice is between supporting Ms Connolly or nobody at all. One TD said some members are voicing concerns about supporting Ms Connolly and, while not a majority, more are coming out to say they would be unhappy 'with each passing day'.
BreakingNews.ie
09-07-2025
- Politics
- BreakingNews.ie
Taoiseach vows to pursue legal options to force religious orders on compensation
The Taoiseach has vowed to pursue a 'detailed examination' of how the state will make religious orders and institutions contribute towards compensating victims of historical sex abuse. Micheál Martin said the Office of the Attorney General, the Department of Education and other state bodies are exploring legal options that could force religious orders to pay for any redress. Advertisement On Tuesday, the Government approved the establishment of a commission of investigation into allegations of historical sex abuse in schools across the country. Mr Justice Michael McGrath will chair the commission. Time to ensure justice for survivors of school abuse ❝It is not enough to acknowledge wrongdoing. We need to see concrete action for survivors.❞ @IvanaBacik TD 🔗 — The Labour Party Ireland (@labour) July 9, 2025 Mr Martin said changes could be made to the statute of limitations on civil claims, as well as changes to the status of unincorporated associations. Labour leader Ivana Bacik told the Dáil on Wednesday that as of September 2024, religious orders have paid 16 per cent of institutional redress costs that were owed. Advertisement She also said that religious orders involved in historic sex abuse sold more than 75 properties worth a total of more than €90 million since 2016. Successive governments have been unable to hold religious orders responsible for paying redress to victims of sex abuse over the years. The Fianna Fáil leader told the Dáil that it was clear from the scoping inquiry that many survivors view financial redress as an 'important measure' of accountability for those who ran schools where sexual abuse happened. 'Government is pursuing now in a very detailed way, very detailed examination is taking place in terms of ensuring that those responsible, including religious orders, are held accountable and to ensure that they make redress,' he added. Advertisement 'The Office of the Attorney General is examining this with the Department of Education and other relevant bodies on legal options that may be available to the state. 'We are looking and examining changes to the statute of limitations on civil claims and changes to the status of unincorporated associations as well as looking at the assets that religious orders have, and an examination of how to ensure compensation from religious orders will run in parallel with the commission of investigation. 'It is complex work. It will require detailed consideration and may take some time to complete, and we will be open to engaging with you and constructive proposals that you have on this.' Ms Bacik welcomed the commission, but said it must avoid the mistakes of the past. Advertisement 'I welcome the fact that you've spoken of an inclusive and survivor-led approach that's vitally important,' she added. 'But we do also need to ensure that religious orders that were complicit in the sexual abuse of children should be required to provide appropriate redress to survivors. 'We must also ensure access on a timely basis to redress for survivors. 'We're conscious the commission is going to run for at least five years, and we don't believe survivors should be forced to wait a further five years for the outcome of the process. Advertisement 'Survivors need assurance that organisations, religious bodies, religious orders in the church that were accountable and responsible for abuse that they should be made to pay. 'Church and state, but also religious order,s played a shameful role, as we know, and in particular, within religious orders, clerics were allowed, in some cases, to perpetrate appalling crimes against children with impunity. 'We need to go further than condemnation. We need to remove legal obstacles to pursuing religious orders. 'Religious orders, as we know, Taoiseach, for years, they've been carrying out a perfectly legal practice of transferring their assets and their properties to associated lay-run trusts. 'I've described this as the developer's wife syndrome, that puts assets often out of reach in or in some cases, out of reach of state authorities. 'It's not acceptable.' The scoping inquiry found some 2,395 allegations of sexual abuse in day and boarding schools run by religious orders, involving 884 alleged abusers in 308 schools across the country, between 1927 and 2013. Most of the allegations were reported from the records of some 42 religious orders. The commission will examine the handling of allegations, suspicions and concerns of sex abuse in schools, failure to treat concerns, causes and responsibility for such failure, failure to prevent harm, and the concealment of child sex abuse.
The Journal
08-07-2025
- Business
- The Journal
Families facing 'impossible decisions' in the face of rising costs, Dáil told
FAMILIES ARE FACING 'impossible decisions' in the face of rising costs, the Dáil has heard, after a report today has said that 40% of parents have skipped meals or ate less in order to have enough food for their children. During Leaders' Questions in the Dáil today, TDs repeatedly cited the report by poverty charity Barnardo's, which surveyed 1,000 parents and guardians with children aged under 18 in their care in May this year. Its findings painted a stark image of how families are managing to maintain their lives while being faced with increased food costs, higher energy bills and the rising cost of living. Labour leader Ivana Bacik and Social Democrats TD Cian O'Callaghan today asked how the government was going to tackle increasing grocery prices, and called for the coalition to support measures for supermarkets to publish their annual accounts . Bacik said that families are facing 'impossible decisions' over the cost of food , energy and other household bills. She said that it is 'starkly highlighted' in the charity's report. Advertisement The Journal / YouTube One in five (19%) of families had to cut back to go without food over the past six months, while two in five parents said that they skipped meals or had smaller portions to ensure their children had enough to eat, according to the survey. Younger parents, larger families, and lone parents struggled significantly more financially and were often forced to make further cuts, Barnardo's said. 'All this is in the backdrop of threatened tariffs by [US President] Donald Trump,' Bacik said. 'We know the international context is precarious. But, here at home, it is precarious too.' The Dublin Bay South TD claimed that higher costs have been impacted further by 'underinvestment' in public services in recent years, such as water, social and affordable housing and energy infrastructure. Responding to the questions, Martin said the Irish government were 'probably' the only administration in the EU to provide mass cost-of-living measures to the extent that Ireland did in recent budgets. He listed a number of examples of these measures, including once-off energy credits and cost-cutting measures for school books, supplies, exams and fees. Related Reads Calls in Dáil for supermarkets to publish their profits as price of groceries soar 'I'm genuinely afraid when I get to the till': Our readers on how food price rises affect them Consumer watchdog needs powers to 'interrogate' supermarkets over high grocery prices, TD says The Fianna Fáil leader said that there was no 'credibility' to Bacik's claim regarding public service investment and asserted that recent reports show that government's record in the provision of civic amenities has proven worthwhile. O'Callaghan said 'government actually has to act' on promises for grocery price controls and asked Taoiseach Micheál Martin how government were going to help low-income families in the face of high grocery costs. 'Taoiseach, you told the Dáil a few minutes ago that you will always prioritise the child that is left behind,' O'Callaghan said. 'What about these children?' Martin said that he found it 'very interesting' that opposition parties are in favour of universal supports, rather than targeted measures for those suffering the most, and outlined that the government intends to do the latter in the upcoming budget. The Taoiseach also rejected claims by O'Callaghan that the government does not have the 'political guts' to demand that supermarkets publish their balance sheets to the public over concerns that prices are being hiked without reason. Martin said the Competitions and Consumer Protection Commission is determined, with the Government, to tackle alleged 'price-gouging', but must do so in an 'evidence based' way. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
Irish Times
03-07-2025
- Politics
- Irish Times
AG would be obliged to share advice on proposed legislation with public under new Bill
The Attorney General would be required to publicly disclose their legal advice to government on proposed legislation under a Private Members' Bill that will be introduced in the Dáil on Thursday. A Labour Party Bill would require the Attorney General, who is the government's legal adviser, to waive client confidentiality in respect of Bills, such as the occupied territory legislation which is currently undergoing pre-legislative scrutiny. That confidentiality, known as legal professional privilege, would still apply for advice given in the course of litigation, or for other circumstances. The Bill, tabled by party leader Ivana Bacik and finance spokesman Ged Nash, proposes other reforms for the Attorney General's office, including a new duty to the public when the State is involved in litigation with citizens. READ MORE The party said the motivation for the Bill was the controversy that arose in relation to nursing home charges and concerns that the primary consideration of the State when defending claims was to reduce costs, and in so doing, not taking sufficient account of citizens' rights. 'In recent years, there has been concern that the public interest role of the Attorney General may on occasion run counter to his or her obligations when acting as legal adviser to the Government in litigation,' it has stated. 'A Minister may have an interest in settling litigation on confidential terms so as to reduce its financial exposure to other potential litigants. 'This may be a legitimate tactic for a lawyer in private practice to advise on but it fails to acknowledge the specific public interest considerations that arise in public law litigation.' The party has said that a principal purpose of this Bill is to provide a mechanism for both acknowledging and accommodating public interest concerns in State litigation.
