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Shatter does it again. More trouble "at mill".


corelli

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shatter-snubs-top-judge-for-position-at-eu-court-29104247

The above indo article refers.

The background is as follows, for those unfamiliar.

When filling a job as Judge of the European Court of Justice, it is normal, and required, for the person appointed by Government to retire from their Irish judicial job, if not appointed directly from the Bar, in order that the European authorities are satisfied that the person so appointed is not acting solely in their own narrow national interest. It's all a bit daft given one presumes when serving in their national position they do so impartially. Howandever, that is the case.

Mr. Justice O'Higgins is of the blueshirt O'Higgins, "Kevin O'Higgins", nephew I think, in fact, and brother to Tom O'Higgins, who, in a rare show of conscience, resigned from his audit position of the Houses of the Oireachtas Commission over the O'Donaghue expenses scandal, and other issues, several years ago. O'Higgins was appointed by a FF Government, to be clear.

O'Higgins was, to anyone with the slightest interest, a "straight bat", very good and very hard working. Did a lot of "crime" on the bench and was a member of the Criminal Law Codification Advisory Committee, amongst other things.

He was appointed by the last Government to the ECJ and has, according to all sources, aquitted himself very well. His term is due to expire later this year and, as is normal, if they so wish, has expressed an interest in doing a second, and final, term.

Now, barring some exceptional event, this would be granted, as of course. O'Higgins has four years to manditory retirement and this would take him to that.

However, Shatter, in what only can be called another example of his lack of any tact whatsoever, had one of his officials tell O'Higgins that he was not being reappointed with absolutely no reason given.

What is more, and this is the very strange thing, Shatter has further said that he will not be reappointed to the bench either.

That is MOST strange.

The convention has always been that a returning judge would be reappointed to his previous position, or if he was at the bar before appointment, that he would, providing he proved himself in Europe, be appointed to the bench.

The rational was simple. It was and is, that if you have to give up a lucrative practice or your judicial career to take up a European appointment, you would hope that you would have a modicum of security on your return. This ensured that applicants for the positions were of a good standard, ie had a good practice or were already at least a High Court Judge. You really dont want to be sending some piss pot barrister out to Europe to make us look like plonkers.

However, Shatter has now unilaterally upturned this and told O'Higgins, who would have four years left to serve in normal circumstances, to take his hook and sling it.

I am not going to suggest reasons why Shatter would do this. He is, I suspect, just being Shatter.

There is, however, a lot of ill feeling about it in the Bar and on the Bench. Perhaps, therefore, Shatter was sucessful.

EDIT: Can't seem to embed the Indo article. You can google it.
 
Last edited:


borntorum

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He's not exactly a 'people' person, Shatter, is he?
 

meriwether

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He's not exactly a 'people' person, Shatter, is he?
Its actually quite entertaining.

I'd day his bedside manner would be awesome.
Or his Valentines day card.

Roses are red,
Violets are blue
You are morally obliged to have sex with me due to the marriage transaction we entered into.
 

corelli

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I'm struggling to see why this is important.
Would you give up a good career, judicial or otherwise, to go off to Europe for four years, with absolutely no security on your return? Remembering that Judges who leave cannot practice again before the courts, save in a court above on which they served. In O'Higgins case, if he was to return to the bar, his only practice would be before the Supreme Court. In other words, no practice at all.
 

Watcher2

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Its convention and only that from what I read of your OP. But I suspect there is a huige amount behind this and most likely nothing to do with the judges ability or suitability for the job he once filled. The implications though may be huge for future European jobs and perhaps some rules may be changed as a result as good people most likely wont want to talke such positions without cast iron promises (legally binding).

Poor mister Shatter. He certainly seems to have big feet.
 

Ryan Tubbs

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Under the rules of the Bar, this would effectively end the man's career as he would be unable to be an advocate before the High Court.

Extremely strange. I'm presuming it's a petty personal gripe that Shatter has against this man, which is usually the root cause of any Alan Shatter controversy.
 

ShoutingIsLeadership

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Did something similar not happen a couple of years back to someone out in Europe? Doing his job grand, popular over there, and then just dropped. Eoin something?
 

Rural

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Its convention and only that from what I read of your OP. But I suspect there is a huige amount behind this and most likely nothing to do with the judges ability or suitability for the job he once filled. The implications though may be huge for future European jobs and perhaps some rules may be changed as a result as good people most likely wont want to talke such positions without cast iron promises (legally binding).

Poor mister Shatter. He certainly seems to have big feet.
Stuck firmly in his mouth!!
 

meriwether

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Would you give up a good career, judicial or otherwise, to go off to Europe for four years, with absolutely no security on your return? Remembering that Judges who leave cannot practice again before the courts, save in a court above on which they served. In O'Higgins case, if he was to return to the bar, his only practice would be before the Supreme Court. In other words, no practice at all.
O'Donnell went off without any security on his return.

Evidently.
 

corelli

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Ryan Tubbs

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Did something similar not happen a couple of years back to someone out in Europe? Doing his job grand, popular over there, and then just dropped. Eoin something?
Eoin O'Shea. He was appointed to replace Go-Go Quinn at the Court of Auditors when she got a plum job as Commissioner. He was 33, and his only qualification for the post seemed to be that he had been involved in Ogra FF. You might recall that during the nomination of his replacement, he lobbied MPs to vote against the nomination.

Completely unqualified for the job in the first place.
 

corelli

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Eoin O'Shea. He was appointed to replace Go-Go Quinn at the Court of Auditors when she got a plum job as Commissioner. He was 33, and his only qualification for the post seemed to be that he had been involved in Ogra FF. You might recall that during the nomination of his replacement, he lobbied MPs to vote against the nomination.

Completely unqualified for the job in the first place.
That's a purely political appointment though. Not in the least Judicial.
 

Ryan Tubbs

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That's a purely political appointment though. Not in the least Judicial.
True, but there was none so political as the appointment of a 33 year old unknown Ogra Fianna Fáiler to the job. In the past the nominees were highly qualified to scrutinise budgets - Richie Ryan, Dessie O'Malley, Barry Desmond - all former cabinet members who had experience of managing budgets.
 

ShoutingIsLeadership

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Eoin O'Shea. He was appointed to replace Go-Go Quinn at the Court of Auditors when she got a plum job as Commissioner. He was 33, and his only qualification for the post seemed to be that he had been involved in Ogra FF. You might recall that during the nomination of his replacement, he lobbied MPs to vote against the nomination.

Completely unqualified for the job in the first place.
Ah that's the one. Instead of him, did they choose to send the dude who lost about 3 billion down the back of the Department of Finance's couch, to be our representative on the Court of Auditors (the dude being the person O'Shea voted against)?
 

SKELLY

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well holy god!

6 figure salary gob************************e snubs another 6 figure salary gob************************e!
 

Picasso Republic

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That's a purely political appointment though. Not in the least Judicial.
The role may be 'Judicial' however the appointment and reappointment as a Judge in Ireland is a political one.

Shatter may have crossed swords with O'Higgins in the past, however he is following through with EKs distaste of political dynasties in Ireland and some peoples assumption that positions are rightfully theirs.

There are thousands of solicitors in ireland, less Barristers - however without the name O'Higgins and its political pedigree would he have climbed to where he is now.

He'll have several great pensions, no doubt a fortune in the bank from a lucrative career in law, he can now sit back and write his memoirs.

Perhaps Shatter has a tribunal or public enquiry up his sleeve and needs an ex Justice to head it up.

We spend thousands of collective hours on this website bleating about 'the chosen ones' and 'the great unwashed' in Ireland and now we are requested to shed a tear for one of 'the chosen ones' who has perhaps upset another 'chosen one'.
 

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