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    "Yes Ted, let's have a media fueled witch hunt into every person of significance in Ireland....

    Let's get rid of them all.... for anything at all....

    It will be great, anarchy, we ourselves & the people will rule at last...

    Shur then there will be no covid, health service issues, unemployment or Brexit........ oh, errrrr hang on a second Ted...... maybe we shouldn't!?"
    ____________________________________________
    Munster were great when they were Munster.

    alas they are just north munster now.......
    ____________________________________________

    Comment


      Originally posted by The Last Stand View Post

      They were elected by the people. The people will in time decide whether to elect them again.
      So 4 years down the road after earning circa 4 hundred thousand plus expenses yeah that will learn them. How about the ex AG who despite helping draw up these recommendations and is now a Supreme Court justice?
      Excellence is hard to keep quite - Sherrie Coale

      Comment


        Originally posted by Arthur Guinness View Post
        How did EU paperwork get to be in his apartment in Kildare and more importantly when was it put there?
        It was with his golf clubs
        Only fools and drunks argue over everything. If you don’t have a hangover the next day you’re not the drunk...

        Comment


          Originally posted by Oldschoolsocks View Post

          It was with his golf clubs
          How did they get from Holland to Kildare?
          The early bird catches the worm but it's the second mouse that gets the cheese.

          Comment


            Originally posted by McCloud View Post

            So 4 years down the road after earning circa 4 hundred thousand plus expenses yeah that will learn them. How about the ex AG who despite helping draw up these recommendations and is now a Supreme Court justice?
            Yup, it is with good reason that our elected representatives cannot be summarily dismissed from the Dail there are rules and they need to be followed. It is our right to not vote for them at the next election (I so enjoyed not voting for Shane Ross last time out).

            Also the Dail cannot sack that judge which is also a good thing, I believe the Chief Justice has been asked to investigate.

            Anyone else needing a disciplining?
            Only fools and drunks argue over everything. If you don’t have a hangover the next day you’re not the drunk...

            Comment


              Originally posted by Oldschoolsocks View Post

              Yup, it is with good reason that our elected representatives cannot be summarily dismissed from the Dail there are rules and they need to be followed. It is our right to not vote for them at the next election (I so enjoyed not voting for Shane Ross last time out).

              Also the Dail cannot sack that judge which is also a good thing, I believe the Chief Justice has been asked to investigate.

              Anyone else needing a disciplining?
              Some of our Deputies and Minister and opposition have already crossed the line. Judiciary independence is critical for a functioning democracy.

              Comment


                Originally posted by Oldschoolsocks View Post

                Yup, it is with good reason that our elected representatives cannot be summarily dismissed from the Dail there are rules and they need to be followed. It is our right to not vote for them at the next election (I so enjoyed not voting for Shane Ross last time out).

                Also the Dail cannot sack that judge which is also a good thing, I believe the Chief Justice has been asked to investigate.

                Anyone else needing a disciplining?
                so there is a never used section of the constitution.

                Under Article 35.4.1:
                “A judge of the Supreme Court, the Court of Appeal, or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.”
                According to the Association of Judges in Ireland:
                “To date no judge has ever been removed and the phrase in Article 35.4.1 referring to “stated misbehaviour or incapacity” has never had to be judicially interpreted.”

                Comment


                  Originally posted by Oldschoolsocks View Post

                  Yup, it is with good reason that our elected representatives cannot be summarily dismissed from the Dail there are rules and they need to be followed. It is our right to not vote for them at the next election (I so enjoyed not voting for Shane Ross last time out).

                  Also the Dail cannot sack that judge which is also a good thing, I believe the Chief Justice has been asked to investigate.

                  Anyone else needing a disciplining?
                  Well big Phil seems to have been "sparing" with the full details of his movements. There is nothing wrong with members of the Dail saying someone should consider their position be they a TD, member of the judiciary or the priest hood. Remember the Philip Sheedy affair?

                  Edit

                  In addition how appropriate is it for a sitting member of the judiciary be partying with politicians?
                  Excellence is hard to keep quite - Sherrie Coale

                  Comment


                    Originally posted by McCloud View Post

                    Well big Phil seems to have been "sparing" with the full details of his movements. There is nothing wrong with members of the Dail saying someone should consider their position be they a TD, member of the judiciary or the priest hood. Remember the Philip Sheedy affair?

                    Edit

                    In addition how appropriate is it for a sitting member of the judiciary be partying with politicians?
                    Perhaps any future State dinners should exclude members of the judiciary?

                    Good news for you - Sean O’Rourke has been dropped by RTÉ.

                    Comment


                      Originally posted by The Last Stand View Post

                      Perhaps any future State dinners should exclude members of the judiciary?

                      Good news for you - Sean O’Rourke has been dropped by RTÉ.
                      ere but it was not a state dinner so I'm not sure what point your trying to make?
                      Excellence is hard to keep quite - Sherrie Coale

                      Comment


                        Originally posted by McCloud View Post

                        ere but it was not a state dinner so I'm not sure what point your trying to make?
                        Presumably you meant any social occasion. Also, same for politicians, barristers, business people etc who attend Munster games and may meet in a bar before and after.

                        Comment


                          Originally posted by The Last Stand View Post

                          Presumably you meant any social occasion. Also, same for politicians, barristers, business people etc who attend Munster games and may meet in a bar before and after.
                          Slight difference as this was the oireachtas golf society with invitations so not the same which bit of what I said do you not understand?
                          Excellence is hard to keep quite - Sherrie Coale

                          Comment


                            Originally posted by McCloud View Post

                            Slight difference as this was the oireachtas golf society with invitations so not the same which bit of what I said do you not understand?
                            The Oireachtas has a rugby team also which plays against other parliaments. They go to 6 nations games and include players from across parties, invitees and indeed I think some journalists have participated. They also have dinners and socialise. There is a soccer team also. And as regards the Society was the Supreme Court Justice a member up until a few weeks ago? Brian Hayes was a former member of parliament. You can decide all these things should end (people partying?) but where is the line?

                            But what I clearly understand is that you want heads, and as many heads as you can possibly get. And you are getting those heads right now. I would have stopped seeking heads when the Minister who signed off on the new rules the today before at Cabinet resigned. The IHF guidelines agreed with Bold Failte would have up that the day before allowed such an event to go ahead - and indeed provided much need employment to the hospitality sector.

                            Comment


                              Originally posted by ick View Post

                              so there is a never used section of the constitution.

                              Under Article 35.4.1:
                              “A judge of the Supreme Court, the Court of Appeal, or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.”
                              According to the Association of Judges in Ireland:
                              “To date no judge has ever been removed and the phrase in Article 35.4.1 referring to “stated misbehaviour or incapacity” has never had to be judicially interpreted.”
                              i did not know that, cheers
                              Only fools and drunks argue over everything. If you don’t have a hangover the next day you’re not the drunk...

                              Comment


                                Originally posted by Oldschoolsocks View Post

                                i did not know that, cheers

                                Mechanism to remove a judge from office has never been used

                                Examining the conduct of a judge remains uncharted territory
                                Simon Carswell

                                Elected officials cannot make a finding of misbehaviour against a Supreme Court judge because of the constitutionally protected separation of powers between the Oireachtas and the judiciary.

                                Supreme Court justices cannot, according to the Constitution, be removed from office except for “stated misbehaviour or incapacity” and then only on the basis of resolutions passed by Dáil Éireann and by Seanad Éireann calling for their removal.

                                Investigating and determining whether a judge has misbehaved will eventually rest with the recently established Judicial Council but, for now, examining the conduct of a judge remains uncharted territory.

                                A code of conduct for judges and a mechanism for dealing with complaints about judges is contained in legislation setting up the council late last year, but the complaints and investigations system covered by the legislation has yet to come fully into force.

                                The conduct of newly appointed Supreme Court Justice Séamus Woulfe is in question over his attendance at the Oireachtas Golf Society dinner in Clifden last week – an event that the State’s acting chief medical officer, Dr Ronan Glynn, said was “not in line with public health guidance”.

                                Mr Justice Woulfe is under pressure given that he, as the former attorney general in the last government, was responsible for drafting regulations to enforce public health guidance to prevent the spread of Covid-19. In his current judicial role, he is responsible for enforcing these rules.

                                He has been criticised because, by allegedly breaching health guidelines through his attendance at the Connemara dinner, he is potentially undermining them.

                                The Judicial Council, which is made up of the country’s judges, has been in existence only since December 2019.

                                A committee of the council, the Judicial Conduct Committee, handles complaints against judges, and its function is to “promote and maintain high standards of conduct among judges”, requiring judges to “uphold and exemplify” judicial independence, integrity, propriety and competence.

                                Membership

                                The committee is made up of senior judges, elected judges and five lay members. It can try to resolve the complaint initially by informal means or refer the complaint to a “panel of inquiry”.

                                The panel reports its findings to the Judicial Conduct Committee, which in turn can make a referral on the stated misbehaviour of a judge to the Minister for Justice who proposes a motion under Article 35.4.1 of the Constitution in either House of the Oireachtas for their removal.

                                However, the Judicial Conduct Committee, while appointed, is only now drafting guidelines for how the complaints system will work, and the section of the law governing this system will not begin until the guidelines have been adopted by the council.

                                So the existing system remains where the Dáil can appoint a Select Committee to hear evidence in respect of a motion to determine whether a judge has misbehaved, though the committee can make no findings of fact nor make any recommendations nor express any opinions on the facts.

                                Given that judges resigned in all previous high-profile controversies over judicial behaviour – such as the Philip Sheedy and Brian Curtin affairs – the mechanism to remove a judge has never been used.

                                Comment

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