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Susan Denham
Susan Denham Chief Justice Denham has been a judge of the superior doesn’t have what it takes’. They will say, courts for over twenty years, having been a practising ‘Women don’t have what it takes’.” barrister for twenty years prior to that. She was appointed Whether consciously or otherwise, Chief Justice to the High Court in 1991 and to the Supreme Court in Denham has, throughout her career been subject to this 1992. In July 2011, she was appointed Chief Justice of pressure to succeed. She has not only succeeded, but also Ireland, by the President, Mary McAleese. excelled. Chief Justice Denham is the longest serving member of When she “took silk” in 1987, rising from Junior to the current Supreme Court and in her career has Senior Counsel, Chief Justice Denham represented the distinguished herself as one of the finest judges in the State in a number of significant extradition cases and she history of the state. Her judgments are thoughtful, erudite became an expert in Judicial Review. She spent ten years and clear. While upholding at all times the Rule of Law at the inner Bar before being appointed to the High Court and delivering clearly principled legal judgments, Chief (1991) and to the Supreme Court the following year. Justice Denham’s judicial pronouncements exude a Chief Justice Denham’s appointment to the Supreme striking humanity. She seems acutely aware of the Court made history. She was the first woman ever to sit on difficulties faced by ordinary people in this country, of the that bench and for eight years, she was the sole female trials and tribulations of family life, of the impact of crime member of the Court. -
Constitution of the Irish Free State (Saorstát Eireann) Act, 1922
Constitution of the Irish Free State (Saorstát Eireann) Act, 1922 CONSTITUTION OF THE IRISH FREE STATE (SAORSTÁT EIREANN) ACT, 1922. AN ACT TO ENACT A CONSTITUTION FOR THE IRISH FREE STATE (SAORSTÁT EIREANN) AND FOR IMPLEMENTING THE TREATY BETWEEN GREAT BRITAIN AND IRELAND SIGNED AT LONDON ON THE 6TH DAY OF DECEMBER, 1921. DÁIL EIREANN sitting as a Constituent Assembly in this Provisional Parliament, acknowledging that all lawful authority comes from God to the people and in the confidence that the National life and unity of Ireland shall thus be restored, hereby proclaims the establishment of The Irish Free State (otherwise called Saorstát Eireann) and in the exercise of undoubted right, decrees and enacts as follows:— 1. The Constitution set forth in the First Schedule hereto annexed shall be the Constitution of The Irish Free State (Saorstát Eireann). 2. The said Constitution shall be construed with reference to the Articles of Agreement for a Treaty between Great Britain and Ireland set forth in the Second Schedule hereto annexed (hereinafter referred to as “the Scheduled Treaty”) which are hereby given the force of law, and if any provision of the said Constitution or of any amendment thereof or of any law made thereunder is in any respect repugnant to any of the provisions of the Scheduled Treaty, it shall, to the extent only of such repugnancy, be absolutely void and inoperative and the Parliament and the Executive Council of the Irish Free State (Saorstát Eireann) shall respectively pass such further legislation and do all such other things as may be necessary to implement the Scheduled Treaty. -
Remarks by H.E. Luo Linquan, Chinese Ambassador to Ireland, At
Remarks by H.E. Luo Linquan, During my “short but intense” two and a half years’ tenure, I Chinese Ambassador to Ireland, have been fortunate enough to witness and participate in two great events: Mr. Xi Jinping’s visit to Ireland in February 2012, at his Farewell Reception and the Taoiseach’s visit to China one month later. These (Dublin, 20 February 2014) two visits have elevated the friendly ties between China and Ireland to a historically new high point, and have ushered in a Ceann Comhairle, new era for us to build a Strategic Partnership for Mutually Minister Simon Coveney, Beneficial Cooperation. Minister Jimmy Deenihan, Minister Frances Fitzgerald, President Xi was so impressed and pleased with his successful Minister James Reilly, visit to Ireland that he now keeps in his office, next to pictures Dean of the diplomatic corps, Dear Colleagues, of his family, a photograph of him kicking Gaelic football at Distinguished Guests, Croak Park, and this picture is one of the only six photos in his Ladies and Gentlemen: office. Good afternoon! Last Thursday when I paid a farewell courtesy call to the Taoiseach, Mr. Kenny reaffirmed his personal commitment to Thank you all so much for attending my farewell reception. I Ireland’s Strategic Partnership with China. arrived in Dublin on August 26th, 2011, and I will be concluding my tenure as the 11th Ambassador of the People’s The important consensus reached between our top national Republic of China to Ireland at the end of this month. leaders has not only indicated and illuminated the direction of China-Ireland relations, but it has also created fresh, strong At this moment, my heart is filled with gratitude, reluctance impetus for the development of shared interests. -
2012/90/695 Creation Date(S): July-October 1982 Extent And
NATIONAL ARCHIVES IRELAND Reference Code: 2012/90/695 Creation Date(s): July-October 1982 Extent and medium: 5 pages Creator(s): Department of the Taoiseach Access Conditions: Open Copyright: National Archives, Ireland. May only be reproduced with the written permission of the Director of the National Archives. -" " .,,, ,_.- - --- CUr'1/\NN P!... RL/\lf'1Ir,JTL/\Cll NA h!:IREANN I: , I.! 1 PAl lIAl'llt·j1 ARY N ,SOCit'l,ll 11 It~.CII ll'h. • tli., I. t (It I t) f( H I ' I ' Lt\l,1 1>:111,\ (lli- I DUdLl:. Irish-United States Parliamentary Group To each Member Chun gach Comhalta A Chara I am directed by the Chairman , Dr. John OIConnel1 T . O., to inform you that the inaugural general meeting of the above group wi l l be held in Room 114 , Leinster House on Wednesday 3rd November 1982, at 4.30pm. The business to betransacted is set out below. Mise le meas , J. (J)~ l\/S Runai 21 Deireadh Fomhair 1982 Agenda 1 . Approval of draft constitution of Group 2 . Any other business Enclosures 1 . Memorandum on the formation of the Irish-United States Parliamentary Group . 2 . Membership lists of the "Friends'.' 3. Charter of "Friends of Ireland" Group . 4 . Copy of Draft Constitution of Irish-American Parliamentary Group 5 . Copy of Report by Ceann Comhairle to Executive Committee on visit by Group [ram "Friends of In.land" 29 M?-y - 2 June 1982 L Memorandum on Formation of Irish-United states Parliamentary Group Following an invitation received by the Ceann Comhairle from the Speaker of the United States House of Representatives, Mr. -
Remote Court Hearings
Oireachtas Library & Research Service | Bill Digest L&RS Note Remote Court Hearings Rebecca Halpin, Parliamentary Researcher, Law Abstract<xx> July 2020 28 July 2020 This L&RS Note considers the use of remote hearings in Ireland during the Covid-19 pandemic. The paper describes the way in which remote hearings have been introduced in Ireland and the type of matters in which they are used. The paper then considers the difficulties associated with remote hearings, the need for legislative reform, and circumstances in which remote hearings may be unsuitable. The L&RS gratefully acknowledges the assistance of Dr Rónán Kennedy, School of Law, NUI Galway in reviewing the contents of this Note in advance of publication. Oireachtas Library & Research Service | L&RS Note Contents Summary ........................................................................................................................................ 1 Introduction ..................................................................................................................................... 2 Remote hearings – an overview ...................................................................................................... 3 ICT in Irish courts – capability and capacity .................................................................................... 4 Recent developments that facilitated the introduction of remote hearings .................................. 5 Impact and response to Covid-19 pandemic .................................................................................. -
(Allowances and Facilities) Regulations 2010
STATUTORY INSTRUMENTS. S.I. No. 84 of 2010 ———————— OIREACHTAS (ALLOWANCES AND FACILITIES) REGULATIONS 2010 (Prn. A10/0304) 2 [84] S.I. No. 84 of 2010 OIREACHTAS (ALLOWANCES AND FACILITIES) REGULATIONS 2010 I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers con- ferred on me by— (a) section 3 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 (No. 29 of 2009), having decided that any payment due to a member of the Oireachtas in respect of all or any of the entitlements referred to in subsection (1) of that section shall be paid together as a single composite monthly allowance known as the parliamentary standard allowance, (b) section 2(1) (inserted by section 11 of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 (No. 3 of 1992)) of the Oireachtas (Allowances to Members) Act 1962 (No. 32 of 1962) in respect of telephone and postal facilities, (c) section 2(2B) (inserted by section 16 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (No. 5 of 1998)) of the Oireachtas (Allowances to Members) Act 1962 in respect of secretarial allow- ances, and (d) section 3(1A) (inserted by section 37 of the Ministerial, Parliamentary and Judicial Offices and Oireachtas (Miscellaneous Provisions) Act, 2001 (No. 33 of 2001)) and (4) (as amended by section 19 of the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998) of the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act of 1992 in respect of an allowance to the Attorney General and a constituency office establishment allowance, hereby make the following regulations: Citation and commencement 1. -
The High Court
THE HIGH COURT RECORD NO: 2015/4888P Denis O’Brien Plaintiff AND Clerk of Dail Eireann, Sean Barrett, Joe Carey, John Halligan, Martin Heydon, Paul Kehoe, John Lyons, Dinny McGinley, Sean O Fearghail, Aengus O’Snodaigh and Emmet Stagg (Members of the Committee on Procedure and Privileges of Dáil Éireann), Ireland and the Attorney General Defendants JUDGMENT of Ms Justice Ní Raifeartaigh delivered on Friday 31st March, 2017 1. The principle of comity as between the legislature and the courts in a system embodying the separation of powers has been described as follows: “This principle is that of mutual respect and forbearance between the legislative and judicial branches, and it has been recognised by the courts as one of the foundations for the privileges (including the privilege of free speech) enjoyed by the House. … The relationship between the courts and 1 Parliament is a matter of the highest constitutional significance. It should be, and generally is, marked by mutual respect and restraint. The underlying assumption is that what is under discussion or determination by either the judiciary or the legislature should not be discussed or determined by the other. The judiciary and the legislature should respect their respective roles.”1 This case raises important issues as to the role of the Court when the principle of comity is breached. Is an individual entitled to invoke the jurisdiction of the courts where a member of the Houses of the Oireachtas has engaged in utterances which, if spoken outside the House, would constitute a breach of a court order obtained by the individual? While this arose in the present case in relation to the revelation of private banking information of the plaintiff, the implications are much wider and would arise whatever the private nature of the information published, be it information relating to a person’s banking, taxation or other financial affairs, health or medical matters, relationships or sexual disposition, or any other information of a private and confidential nature. -
Ireland Independent Judiciary 2006
Brian Curtin v Dail Eireann, Seanad Eireann, et al. Supreme Court [2006] IESC 14, 2 IR 556 9 March 2006 HEADNOTE: Article 35.4.1o of the Constitution provides:- "A judge of the Supreme Court or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dail Eireann and by Seanad Eireann [lower house and upper house of parliament, respectively] calling for his removal." Pursuant to s. 39 of the Courts of Justice Act 1924, Circuit Court Judges held office by the same tenure as High Court Judges. The applicant, a judge of the Circuit Court, sought to challenge by way of judicial review, a direction of an Oireachtas [Parliament] committee (established following the proposal of a resolution to remove him from office pursuant to Article 35.4.1o of the Constitution) to produce his personal computer to the committee. It was accepted that the computer contained material which constituted child pornography, as defined by the Child Trafficking and Pornography Act 1998, but the applicant contended that the material was not knowingly in his possession. The applicant had been prosecuted on indictment for offences under the Act of 1998 and acquitted by direction of the trial judge, by reason of the fact that the warrant used to enter his property had been invalid on the date of its execution, when the computer was seized by the gardai. The computer was retained in the possession of the Garda Commissioner. As part of the scheme to enable the Oireachtas to deal with the case of the applicant under Article 35.4.1o, the Oireachtas passed the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Act 2004, which provided for the attendance of a judge as a witness before an Oireachtas committee and the Child Trafficking and Pornography (Amendment) Act 2004 which was designed to permit hearings to be conducted and material to be considered without breach of the Act of 1998. -
The Irish Experience by P.J
Management of the Courts: the Irish Experience By P.J. Fitzpatrick, Chief Executive Officer, Irish Courts’ Service Background The management and administration of the courts in Ireland had remained essentially unchanged since the Courts of Justice Act of 1924, which provided for the courts system of the new State shortly after independence.1 The 1924 regime left a vacuum, failing to address the need for an independent administrative structure for the Courts. There was, for example, no Department such as the Lord Chancellor’s Department. Under the Act, the Department of Justice managed the Courts and their funding apart from judicial salaries. Those arrangements followed what is often loosely referred to as the “Ministry of Justice” model. Responsibility for the provision of budgetary, staffing and other resources, and the management of those resources, rested with the Department of Justice, Equality and Law Reform, as it is now known, through its Courts Division. As distinct from the allocation of business before the courts, the Judiciary – although it might be consulted and make representations – had little input into the allocation of resources or the way in which they were deployed. The extent of the Minister for Justice’s remit - and limits of the Judiciary’s – in this regard is best summed up by the provisions which governed the management of the various offices of the High Court and staffing arrangements for the Superior Courts generally. Senior management in the courts was “subject to the general direction of the Minister in regard -
Dissolution Guidelines Information for Members
DISSOLUTION GUIDELINES INFORMATION FOR MEMBERS ON OUR PROCEDURES DURING THE DISSOLUTION PERIOD HOUSES OF THE OIREACHTAS SERVICE DECEMBER, 2015 This document does not purport to be a legal interpretation Chun gach Comhalta: To each Member: Dissolution Guidelines Members of the Houses of the Oireachtas are provided with various allowances and facilities under the Oireachtas (Allowances to Members) Acts 1938 to 1998, the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 and the Houses of the Oireachtas Commission Acts 2003 to 2015. These Guidelines set out the commitments of the Houses of the Oireachtas Service (the Service) to ensuring that you receive the services you are entitled to once the 31st Dáil is dissolved and the charges which, by law, must be applied in respect of some of those services. For ease of reference these Guidelines are organised as follows: Page Section A Salaries and Allowances 2 Section B General Facilities 7 Section C ICT Facilities 9 Section D Parliamentary and Secretarial Staff 15 Section E Library and Research Service (L&RS) 18 Section F Guidelines and charges in relation to the use of services and 19 facilities following dissolution of Dáil Éireann Section G Guidelines for allocation of Accommodation to Members 24 Section H Staff Contacts 26 Appendix Declaration Form 27 If you have any queries in relation to the matters covered in these Guidelines, please contact the relevant officials listed in Section H (page 26), who will be happy to assist you. These Guidelines are available in Irish on request. __________________________ __________________________ Peter Finnegan Michael Errity Joint Acting Secretary General Joint Acting Secretary General 4 December, 2015 4 December 2015 - 1 - SECTION A Salaries and Allowances Sections A, B and C of these Guidelines will assist Members in knowing what will happen to services, supplied by the Houses of the Oireachtas Service, upon dissolution of Dáil Eireann . -
Houses of the Oireachtas Service
Houses of the Oireachtas Service Strategic Plan 2019-2021 A Parliament which Works for the People Houses of the Oireachtas Leinster House Kildare Street Dublin 2 D02 XR20 www.oireachtas.ie Tel: +353 (0)1 6183000 or 076 1001700 Twitter: @OireachtasNews Connect with us Download our App Strategic Plan 2019-2021 Centenary Declaration 1 On this occasion of the Centenary of the first meeting of Dáil Éireann on 21st January 1919, We, the representatives of the Irish people, acknowledge and reflect on our shared and complex history; We commemorate and honour the vision, bravery and sacrifice of the members of the first Dáil Éireann; We take pride in, and cherish, their legacy of parliamentary democracy; and We solemnly commit, in this Declaration, to safeguarding and strengthening our parliamentary democracy, for the good of our nation, and for the next hundred years. Seán Ó Fearghaíl, T.D. Senator Denis O’Donovan Ceann Comhairle Cathaoirleach of Seanad Éireann Strategic Plan 2019-2021 Strategic Strategic Plan 2019-2021 Table of Contents 2 Foreword by Ceann Comhairle and Cathaoirleach 3 Foreword by Clerk of the Dáil and Secretary General 4 Our Governance Framework 6 Our Operating Environment – Challenges, Opportunities, Risk 8 Our Vision, Our Mission, Our Values 9 Our Statement of Values 10 Our Strategic Outcomes 11 Strategy Outcome 1 and Actions: An Effective Parliament 13 Strategy Outcome 2 and Actions: An Open and Engaged Parliament 14 Strategy Outcome 3 and Actions: A Digital Parliament 15 Strategy Outcome 4 and Actions: A Well Supported -
Coronavirus: Changes to Practice and Procedure in the UK and Other Parliaments
BRIEFING PAPER Number 8874, 19 May 2020 Coronavirus: changes to By Richard Kelly practice and procedure in John Curtis Stefano Fella the UK and other Claire Mills Ben Smith parliaments Contents: 1. Introduction 2. United Kingdom 3. Denmark 4. France - Assemblée Nationale 5. Germany – Bundestag 6. Ireland – Houses of the Oireachtas 7. Sweden 8. Australia 9. Canada 10. New Zealand 11. Brazil www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Coronavirus: changes to practice and procedure in the UK and other parliaments Contents Summary 3 1. Introduction 4 2. United Kingdom 6 2.1 House of Commons 6 Select committees – remote meetings 6 Proposals for social distancing and virtual participation in the Chamber 7 Virtual proceedings 9 Remote voting 10 2.2 Wales 11 2.3 Scotland 12 2.4 Crown dependencies 13 Jersey 13 Isle of Man 13 3. Denmark 14 4. France - Assemblée Nationale 15 5. Germany – Bundestag 16 6. Ireland – Houses of the Oireachtas 17 7. Sweden 18 8. Australia 19 9. Canada 21 10. New Zealand 23 11. Brazil 25 Cover page image copyright: Chamber-086 by UK Parliament image. Licensed under CC BY 2.0 / image cropped 3 Commons Library Briefing, 19 May 2020 Summary Parliaments around the world are changing their practices and procedures in response to coronavirus. This Briefing Paper illustrates changes that have been made in the House of Commons and a small selection of other parliaments. It records, for example, distancing in the French National Assembly and the Australian House of Representatives; the introduction of virtual proceedings in some Chambers; changes to the conduct of divisions in Denmark; and new ways of working for committees in a number of parliaments.