Former judge's action against State is settled

A retired High Court judge, Mr Rory O'Hanlon, is to be paid a sum believed to be more than £100,000 in settlement of his action…

A retired High Court judge, Mr Rory O'Hanlon, is to be paid a sum believed to be more than £100,000 in settlement of his action against the State over his removal as president of the Law Reform Commission.

The action was due to open in the High Court yesterday, but the President of the High Court, Mr Justice Morris, was told it had been settled. The settlement figure was not disclosed.

Mr O'Hanlon initiated the proceedings after his dismissal from the presidency of the Law Reform Commission in 1992. The removal followed remarks he made in the media at the height of a controversy over abortion.

In the action Mr O'Hanlon sought an order stating that his removal was unconstitutional. He also sought damages.

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When he was removed from the LRC post, the then High Court judge still had two years of his term to run. It is understood that part of his claim for damages related to loss of earnings following his removal.

Following prolonged discussions between lawyers for the sides yesterday, the settlement was announced.

Mr Garrett Cooney SC, for Mr O'Hanlon, said the settlement was on the basis of the action being struck out, an order being made for the payment to his client of a sum lodged in court and a statement to be read in court.

Mr Adrian Hardiman SC, for the State, read the statement.

It said the Government was happy to acknowledge the great esteem in which Mr O'Hanlon was universally held and his distinguished service in high judicial office.

Leaving court with his wife, Mr O'Hanlon said he was precluded from making any statement.

Mr O'Hanlon was 69 at the time of his remarks, and continued to serve as a judge until his retirement at the age of 72.

His appointment as president of the Law Reform Commission was for five years. His removal meant he went on pension from that post at the age of 72 rather than remaining on full salary until he was 75.