Minister pledges no repetition of Sheedy case

The Minister for Justice, Equality and Law Reform told the House yesterday the Government was determined there would be no repetition…

The Minister for Justice, Equality and Law Reform told the House yesterday the Government was determined there would be no repetition of the Sheedy affair.

Mr O'Donoghue said the lessons from recent events would be taken fully on board and "confidence in the judicial system, which is vital to the proper functioning of democracy, and which has existed since the foundation of the State, will be fully restored."

"And I am determined, as I am sure is every deputy in this House, that in the interests of the public we serve we will not have to go through events like those of recent days again."

Opening a Dail debate, Mr O'Donoghue said the report of his department into the Sheedy case - published earlier yesterday - contained far-reaching recommendations for change to restore confidence in the judicial system which many people would consider to have been damaged by recent events.

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His preliminary reaction, he said, was that the proposals were far-reaching, comprehensive and positive. "The Government, at its meeting today, has considered these and has agreed that it will further discuss them again shortly to ensure that all necessary measures are identified and taken to prevent this ever happening again."

The Minister said the separation of powers as a doctrine in Ireland had tended to focus exclusively on its application to judicial independence. Perhaps, he added, this was because such discussion as there had been took place in court precincts.

"Other principles related to that doctrine are rarely mentioned, but deserve some reference at least in this debate today. I refer, of course, to the supremacy of the Constitution and the role and responsibilities of the government and Oireachtas as servants of that Constitution and the people of Ireland."

Mr O'Donoghue said the doctrine of the separation of powers was in the Constitution to preclude the exercise of arbitrary power and to prevent injustice. "It was not found necessary by Government to invoke the power of the Oireachtas in relation to the removal of two judges this week, but the power was and is there if it is needed and this is one of the benefits of our Constitution which is turning out to be, in the words used to me on one occasion by the late Brian Lenihan, `a rather robust document'."

Earlier, Mr O'Donoghue said deputies should remind themselves that the primary victims in all that had taken place were the late Mrs Anne Ryan, Mr John Ryan and their family.

"Their pain has undoubtedly been greater than any other. Mr Ryan and his young family have suffered a loss which can never be reversed. It is not in the least surprising that the circumstances leading up to the release of the man who was convicted of the traffic offences which caused Mrs Ryan's death would have caused the family concern and distress."

The Minister said the duty he had to perform was a difficult one. "I have known Mr Justice Hugh O'Flaherty for many years. All three men whose careers have now ended are known to many deputies in this House. They are men whose professionalism over many years has been respected."