Attitudes harden towards members of judiciary

The Opposition deputies were seething at the start of the week over what they perceived as the selective leaking of the investigation…

The Opposition deputies were seething at the start of the week over what they perceived as the selective leaking of the investigation file into what is now known as "the Sheedy affair".

At the beginning of the week the Sunday Times published what purported to be details of one of the reports which Opposition TDs said had tried to present the matter as if it was, in Jim Higgins's words, "something almost harmless".

The Opposition members of the Joint Oireachtas Committee on Justice, Equality and Women's Rights were apoplectic and believe the reason for the leaking was to "soften" the public's reaction.

This caused reaction in here to harden even further and in Drapier's opinion brought further into the realms of probability a clash between the judiciary and the legislature, something which is virtually unprecedented.

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There is no doubt that there is never a dull moment in politics and, over the years, Drapier has seen some issues arise as a smoking gun. This is definitely one of them. The issue had been smouldering for a number of months. Drapier saw the first reference to it in the Phoenix a number of months ago and took no real notice of it. Then slowly but surely the rumours began to filter through from the Four Courts.

Some of us in here wouldn't have blamed Nora Owen delighting in John O'Donoghue's predicament, given the fact that when the shoe was on the other foot when she was minister and he was in Opposition he lambasted her, week in week out.

As often happens in politics, the worm turns. And so it was when Nora Owen first confronted the Government on this. For the first time she really got her teeth into an issue involving John O'Donoghue. Some of us felt that perhaps for some reason she was holding back in previous months.

It was she who referred to "the Caherciveen connection" in the Sheedy case, and she left it hanging in the wind for a number of weeks until her party belatedly indicated that they accepted that there was no political involvement in the turn of events in the affair.

Now that this suggestion is off the agenda, Drapier can assure readers that no holds will be barred in any action the Oireachtas might take against the judiciary (if that is possible). Nobody from in here will be rushing out to defend any member of the judiciary.

Those who inhabit the Four Courts would never be high on the invitation list of most of the Oireachtas members who might, by chance, be holding a social event. The attitude is that year in, year out those who ply their trade from the Four Courts have lectured us on ethical standards and in some cases have delighted in difficulties caused by a minority of our profession.

Now the shoe is on the other foot, as far as we are concerned, and those responsible for inappropriate behaviour can swing for it. Any equivocation will not be acceptable and if there is, Drapier can guarantee a head-to-head between the judiciary and the Oireachtas on this one.

Vincent Browne, writing in The Irish Times this week, touched upon all of this and seemed to be suggesting that "going over the top" in relation to this could lead to an injustice. This could very well be true, though Drapier couldn't help thinking of the often-quoted statement that it's one law for the public and another law for politicians.

Over the years members of our profession have had to fall on their swords without, in some cases, hard proof and yet, in other cases involving non-politicians, all the highbrow rules of natural justice are evoked.

Speaking of Vincent Browne, Drapier happened to listen in to his Wednesday night radio programme during which Vincent finally landed his catch, i.e. Sean Fleming TD. For the last long while Vincent has, in his Irish Times columns, been endeavouring to bait Sean Fleming to come out into the open, but to no avail.

Readers will recall that Sean Fleming was, in his former life, the man in charge of Fianna Fail accounts. He went out somewhat on a limb some time back when he made a personal statement to the Dail outlining his knowledge (or lack of it) of the Rennicks/Ray Burke payment. Since then Vincent has been trying to question him on this and at long last, this week, he got his opportunity.

Apparently, Sean Fleming had certain things to say in a Dail committee about the future funding of political parties which resulted in the request from Vincent that he go on his programme, which Sean obviously could not refuse. All in all, he handled himself reasonably well, though Browne caused him to squirm once or twice. No doubt we will hear more from Vincent on this one.

The star witness of the Flood tribunal is back in the saddle this week. From the media reports it would appear that his involvement in the tribunal is coming to an end.

The big surprise really was the return of legal representatives (though different ones) on behalf of Ray Burke. There was quite a lot of speculation when his representatives previously absented themselves from the proceedings, but now he is represented again. Tribunal-watchers will be intrigued as to what line of involvement they take.

Over the last number of weeks Drapier and others in here have read reports in the papers regarding proposed changes to the intoxicating liquor laws. It would appear from these reports, if they are to be believed (and they have all the hallmarks of inspired leaks from within the Government), they are proposing to extend the opening hours of pubs by at least one hour.

This would appear to have been the call from most of the representatives of the Vintners' Federation, but Drapier is not so sure if the rank-and-file want the hours to be extended. John O'Donoghue has enough troubles on his plate at the moment, and Drapier is wondering if he wishes to bring even more on top of him.

By making changes in the pub hours he is running the risk of trying to please everyone and in the end pleasing no one. The disco/club-owners are now up in arms, saying if the Minister makes changes to the pub hours it will mean that no one will frequent discos and clubs. All in all, Drapier's advice to O'Donoghue is to tread warily.

Finally, the portents from the North are not good. It would appear the good work that has been done over the last number of months may well begin to unravel. In Drapier's opinion this would be a travesty and he would hope that some compromise can be arrived at. This could be a fudge, but so be it, as long as it pulls everyone back from the brink.