TDs have been warned to exercise “the utmost care in any comments” they make in relation to the correspondence between the Chief Justice and Supreme Court Judge Séamus Woulfe and “any issues arising”.
Ceann Comhairle Sean Ó Fearghaíl issued the warning at the start of the Dáil sitting in the Convention Centre.
He said it was “crucial” that TDs “ do not comment on the matter, either on the floor of the House or elsewhere in such a way as could give rise to a perception of bias”.
He said “this could act as a serious impediment to their ability to discharge their important constitutional functions”.
Mr Ó Fearghaíl's comments came as the Supreme Court faces an unprecedented crisis after Chief Justice Mr Justice Frank Clarke said Mr Justice Woulfe should resign over his handling of the controversy following his attendance at an Oireachtas golf society dinner.
Mr Justice Woulfe has told Mr Justice Frank Clarke he will not resign over the controversy, which saw 80 people attend a dinner at an event at a hotel in Clifden, Co Galway on August 19th, a day after the Government tightened Covid-19 restrictions on gatherings.
In a statement in the Dáil, the Ceann Comhairle reminded TDs “they may ultimately have to adjudicate on the matter in accordance with the Constitution legislation and standing orders”.
“Judges are independent, by virtue of the Constitution, and may not be criticised or have their rulings referred to in the house, except for other substantive motion without prejudice to how this matter may proceed,” he said.
“I must point out that Members of this House are in a different position to others in relation to commentary, insofar as they may ultimately have to adjudicate on the matter in accordance with the Constitution legislation and standing orders.
“Any such adjudication must be carried out in a manner that conforms to the principles of basic fairness of procedures, and the requirements of natural and constitutional justice.
“It is crucial therefore, that Members do not comment on the matter, either on the floor of the House or elsewhere in such a way as could give rise to a perception of bias as this could act as a serious impediment to their ability to discharge their important constitutional functions.
He concluded: “I asked members to exercise the utmost care in any comments, they may make on the correspondence and the issues arising, and I would request your full cooperation in this matter.”
Taoiseach Micheál Martin said the Government and opposition had to respond to the judicial crisis in a “very serious, sensitive and proper way”.
He will seek a meeting with opposition party leaders “where we could jointly assess the situation without prejudice”.
He was mindful of comments made in a “constructive vein” by political party representatives earlier on Tuesday.
The Taoiseach told Sinn Féin justice spokesman Martin Kenny that it was a very serious issue “fundamental to the separation of powers, it’s the heart of our Constitution”.
“We have to respond in a very serious, sensitive and proper way,” and he believed the best way forward was to hold a meeting with opposition leaders, assess the situation without prejudice and see how then to proceed.
Mr Kenny had called for Minister for Justice Helen McEntee to make a statement to the Dáil “on the advice she received from the Attorney General in regard to the crisis in the judiciary”.
He said: “I think it’s important that we build maximum consensus among all parties and groupings in this House to try and find a way forward through this” and to ensure “that we are on the same page, and that we can work together in regard to find a solution to this particular situation”.
Labour leader Alan Kelly called for all remaining correspondence in relation to Mr Justice Woulfe and his attendance at the golf outing in August, to be published.
Referring to the redacted report by retired chief justice Ms Justice Susan Denham, he said it was assumed that some of the redactions “refers to politicians” and he said those “politicians who were referred to be notified as well”.
Mr Martin said however that those matters were matters for the judicial arm.
Independent TD Mattie McGrath thanked the Taoiseach for agreeing to meet party and group leaders on a “very delicate and sensitive issue”. He added that “we will do our best to resolve this amicably and on a uniform basis”.
