THE DEPARTMENT of Foreign Affairs has advertised for applications for the position of Irish judge on the European Court of Human Rights (ECHR) less than two years after Dr Ann Power SC was appointed to the position.
Dr Power took over the position vacated by Mr Justice John Hedigan, who left the court before the expiry of his six-year term on his nomination to the High Court. This term is now up, and the post must be advertised again. The new nomination will be for a six-year term.
For an Irish judge to take a place on the court, the Government forwards three names to the president of the parliamentary assembly of the Council of Europe, the parent body of the ECHR in Strasbourg. The assembly then selects one of the names.
In previous years the Government placed its nominations in order of preference, but when Dr Power was appointed the assembly was no longer seeking a preference, and the names were submitted in alphabetical order.
On that occasion the other nominees were David Keane, a barrister and solicitor with a criminal and human rights practice, and Roger Sweetman SC, also a barrister and a solicitor, and a member of the Human Rights Commission.
Dr Power (45) has a degree in religious science from the Mater Dei Institute of Education and a master’s in education from Trinity. She taught English and philosophy for a number of years and also served as a member of the academic council of All Hallows College in Dublin for 12 years.
She qualified as a barrister at the King’s Inns in 1993, and completed a doctorate in jurisprudence and legal philosophy at Oxford University.
In July 2008, six months after her appointment, she withdrew from hearing a forthcoming case before the Strasbourg court involving three women living in Ireland who are challenging the State’s ban on abortion.
The court said she had done so in accordance with rule 28 of the court. This states that judges may not take part in the consideration of any case where they have a personal interest or where they have previously acted as an adviser or advocate of a party with an interest in the case.
Dr Power previously represented the Irish Bishops’ Conference at an Oireachtas hearing on abortion. The group strongly supports strengthening the constitutional ban on abortion.
The case involving the three women is being taken on the basis that their human rights were infringed by being forced to terminate their pregnancies outside the State.
All three, who will not be identified during the hearing, had medical problems during their pregnancies.
Following his appointment as President of the High Court Mr Justice Kearns stepped down as the
ad hoc
judge in this case. Ms Justice Mary Finlay Geoghegan has now been appointed as the
adhoc
judge and will replace Judge Power at the hearing in December.