Flanagan refuses to reveal who was in room when Whelan decision made

Minister for Justice Charlie Flanagan said he could not discuss who was in the Cabinet room when the appointment of Maire Whelan to the Court of Appeal was made.

Amid heated exchanges during a question and answer session late on Wednesday night, Mr Flanagan and former minister for justice and Tánaiste Frances Fitzgerald were repeatedly asked if it was appropriate for former attorney general Maire Whelan to remain in the Cabinet room while her appointment to the judiciary was being discussed.

Mr Flanagan said he was precluded as a member of the Government from entering into any discussion in the House, or outside of it, about who was in the Cabinet room or who said what.

Fianna Fáil TD Mary Butler asked Mr Flanagan if he personally thought the former attorney general should have remained in the room.

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Mr Flanagan said he was quite satisfied, in the circumstances surrounding the appointment, the correct and proper procedures were employed from start to finish.

Ms Fitzgerald insisted all expressions of interest in the Court of Appeal and any other vacancy “have been absolutely appropriately dealt with”.

Fianna Fáil justice spokesman Jim O'Callaghan said the Judicial Appointments Advisory Board reported on the Court of Appeal vacancy on May 16th. Why was the vacancy not filled on May 23rd along with other judicial appointments made on that date.

“Why did the Government not fill the vacancy on May 23rd when the Court of Appeal had brought the issue to your attention.”

Ms Fitzgerald said there was a process in place that if any judge wanted to express an interest in a judicial vacancy and even “in anticipation of vacancies”.

Amid repeated interruptions, she said they go to the office of the Attorney General who then forwards them to the department of justice for the attention of the Minister for Justice.

Sinn Féin justice spokesman Jonathan O’Brien said everyone knew the process but he asked if expressions of interest were made, who to and how were they processed.

He asked “if the successful candidate made an expression of interest” and when was that made and to whom.

Mr O'Brien asked if the phone call between Taoiseach Leo Varadkar and Fianna Fáil leader Micheál Martin on Sunday evening was an attempt to influence the judicial process.

Mr Flanagan said it was “most unfair” to seek further information about a phone call between two members of the House.

Labour leader Brendan Howlin said Ms Fitzgerald had failed to answer the question as to how other expressions of interest in the position were dealt with.

But the Tánaiste said she was surprised at Mr Howlin for asking who initiated the contact with Áras an Uachtaráin on a Sunday for fixing a date for the warrant to be signed by the President for the appointment.

“It would be absolutely extraordinary to suggest, if that’s what you’re suggesting, that there was any pressure put on the President or that he succumbed,” she said.

Ms Fitzgerald said that where a judge is about to appointed “there is always contact from the relevant department which is the Taoiseach, to the President”.

To suggest that there was any inappropriate pressure put on the President was “outrageous, untrue and inappropriate to even suggest it”.