No-confidence vote in Tánaiste eclipsed by unprecedented judges’ row

Good morning – you could be forgiven for thinking our lead story this morning might focus on a glimmer of pharmacological light at the end of the Covid tunnel, or the ongoing furore over the transfer of power in the United States or the small matter of a confidence vote in the Tánaiste as controversy over his leaking of a confidential document refuses to die.

However, all these events have been eclipsed by the truly unbelievable, bizarre and unprecedented row between Supreme Court Judge Seamus Woulfe and the Chief Justice. How about that – three-quarters of the way to a GUBU and it’s not even 9am.

The news emerged last night that Mr Justice Woulfe had been told by Chief Justice Frank Clarke that he should resign after his attendance at the now-infamous Oireachtas golf dinner was compounded by the fallout from how he handled the inquiry into same.

The release of correspondence between the two men reveals the conflict and the depth of feeling on both sides, and has now catapulted the crisis into a new phase.

Motion of no-confidence in Varadkar tabled by Sinn Féin to be debated next week

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Woulfe controversy passes from judicial to political phase

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That phase, as my colleague Pat Leahy writes this morning, is an intensely political one. While this most thorny row has largely played out so far in the judicial sphere, the breakdown in relations between those involved and the absence of an effective means for solving the dispute now means it’s the Government’s problem. No more cover provided by the separation of powers.

Opposition leaders, namely Labour’s Alan Kelly, were quick to put a name on the problem faced by the Government last night. Mr Kelly said, as though it was needed, that if the controversy and the associated impasse continues, “then the legislature will have to act”. Effectively, the Labour leader is helpfully pointing out for the Government that one of the only routes out of this seems to be impeachment by the Oireachtas.

That in and of itself is fraught with legal difficulty, as it rests on an imprecise provision of the Constitution that a judge can only be removed from office for “stated misbehaviour” – a standard generally seen, although not explicitly spelled out, as a pretty high bar for removal. Legal bigwigs estimate this step, never before enacted, could be vulnerable itself to legal challenge (“and who would hear the appeal?!” comes the call from the crowd).

This, and other matters, will be pronounced on by current Attorney General Paul Gallagher, Mr Justice Woulfe’s successor, who has been asked by the Government to advise it on the matter.

However, with no legal rabbit likely to be produced from the hat to save the Government, it will now fall on Micheál Martin and his colleagues to address this very real crisis.

The main parliamentary fare on offer today is the motion of confidence put down by the Government in Tánaiste Leo Varadkar, itself a political outflanking manoeuvre to undermine Sinn Féin’s motion, which had been due for debate this evening.

The Opposition is sharpening its knives for one final attempt to refocus political energy on Leo’s Leak, which the Tánaiste is expected to survive at a canter. Given unfolding events elsewhere, the Sinn Féin confidence manoeuvre has a bit of a look of “Four Seasons Total Landscaping” to it, rather than the political equivalent of a five-star hotel.

Read all the details on the Woulfe affair in our lead story by Mary Carolan and Pat Leahy.

And read Pat's analysis of the political fallout here.

Best reads

Continuing the theme, the letters in full can be read here.

While Legal Affairs Editor Colm Keena parses the procedural quandary here.

Health Editor Paul Cullen on yesterday's leap forward on Covid vaccination.

While Fintan O'Toole writes on Joe Biden (or is it Bob Dylan?) here.

Playbook

First port of call on a busy day is the Cabinet meeting at Dublin Castle. Political Correspondent Jennifer Bray has a rundown of what's expected on the agenda, but it's quite possible the current judicial crisis might rear its head as well.

The aforementioned confidence motion is scheduled for shortly after 5pm. The whole set piece will be preceded by a row over relocating to the Convention Centre as the Dáil firstly convenes at Leinster House, only to immediately be suspended so everyone can traipse across the Liffey. Then there’ll be a row over the Order of Business. But then we can get on to the proper row, once Leaders’ Questions and Taoiseach’s questions are out of the way.

It should be mentioned there was a preliminary row before all this, caused by the Government’s insistence that the motion be taken in its time – which led to unholy war at the business committee last night.

More on all that here.

Elsewhere in the Dáil, Varadkar and Eamon Ryan will take parliamentary questions. The full Dáil schedule is here.

The Seanad will hear statements on living with Covid-19 and Level 5 restrictions, and the Private Members' Bill on the Seanad Electoral (University Members) Amendment Bill 2020. The full schedule is here.

A host of committees have been put on ice to make room for the confidence motion in the Tánaiste, including the justice committee and the committee on children. The education committee will hear from Department officials on calculated grades, while the agriculture committee will take evidence on EU regulations on veterinary medicines.

The full schedule is here.