seamus dubhghaill

Promoting Irish Culture and History from Little Rock, Arkansas, USA


Leave a comment

Birth of Alan Shatter, Lawyer, Author & Fine Gael Politician

Alan Joseph Shatter, Irish lawyer, author and former Fine Gael politician who serves as Minister for Justice and Equality and Minister for Defence (2011-14), is born into a Jewish family in Dublin on February 14, 1951. He also serves as a Teachta Dála (TD) for the Dublin South constituency (1981-2002, 2007-16). He leaves Fine Gael in early 2018 and unsuccessfully contests the 2024 Irish general election as an independent candidate for Dublin Rathdown.

Shatter is the son of Reuben and Elaine Shatter, an English couple who meet by chance when they are both on holiday in Ireland in 1947. He is educated at The High School, Dublin, Trinity College Dublin (TCD) and the Europa Institute of the University of Amsterdam. In his late teens, he works for two months in Israel on a kibbutz. He is a partner in the Dublin law firm Gallagher Shatter (1977-2011). As a solicitor he acts as advocate in many seminal and leading cases determined both by the Irish High and Supreme Courts. He is the author of one the major academic works on Irish family law which advocates substantial constitutional and family law reform.

Shatter enters politics at the 1979 Irish local elections, winning a seat on Dublin County Council for the Rathfarnham local electoral area. He retains this seat until 1999, becoming a member of South Dublin County Council in 1994. He is first elected to Dáil Éireann in 1981 as a Fine Gael TD and is re-elected at each subsequent election until he loses his seat in the 2002 Irish general election. He is re-elected at the 2007 Irish general election.

Shatter is Fine Gael Front Bench spokesperson on Law Reform (1982, 1987–88), the Environment (1989–91), Labour (1991), Justice (1992–93), Equality and Law Reform (1993–94), Health and Children (1997–2000), Justice, Law Reform and Defence (2000–02), Children (2007–10) and Justice and Law Reform (2010–11).

On March 9, 2011, Shatter is appointed by Taoiseach Enda Kenny as both Minister for Justice and Equality and Minister for Defence.

Under Shatter’s steerage, a substantial reform agenda is implemented with nearly 30 separate pieces of legislation published, many of which are now enacted including the Personal Insolvency Act 2012, Criminal Justice Act 2011, DNA Database Act, and the Human Rights and Equality Commission Act.

Under Shatter’s guidance, major reforms are introduced in 2011 into Ireland’s citizenship laws and a new Citizenship Ceremony is created. He both devises and pilots Ireland’s first ever citizenship ceremony which takes place in June 2011 and a new inclusive citizenship oath which he includes in his reforming legislation. During his time as Minister, he clears an enormous backlog of citizenship applications, and 69,000 foreign nationals become Irish citizens. Some applications had lain dormant for 3 to 4 years. He introduces a general rule that save where there is some real complication, all properly made citizenship applications should be processed within a six-month period. He also takes steps to facilitate an increased number of political refugees being accepted into Ireland and creates a special scheme to facilitate relations of Syrian families already resident in Ireland who are either caught up in the Syrian civil war, or in refugee camps elsewhere as a result of the Syrian civil war, to join their families in Ireland.

Shatter enacts legislation before the end of July 2011 to facilitate access to financial documentation and records held by third parties in investigations into banking scandals and white-collar crime. The legislation is first used by the Gardaí in September 2011.

During Ireland’s Presidency of the Council of the European Union in 2013, Shatter chairs the Justice and Home Affairs Council (JHA) meetings and, in January 2013, in Dublin Castle, the meeting of EU Defence Ministers. Under his guidance, Ireland plays a more active role than in the past in EU defence matters and in deepening Ireland’s participation in NATO’s partnership for peace. During the Irish Presidency, substantial progress is made at the European Union level in the adoption and development of new legislation and measures across a broad range of Justice and Home Affairs issues.

Shatter implements substantial reform in the Department of Defence and restructures the Irish Defence Forces. He is a strong supporter of the Irish Defence Forces participation in international peacekeeping and humanitarian engagements and is an expert on the Middle East. As a member of the Irish Parliament and as Minister on many occasions, he visits Irish troops participating in United Nations (UN) missions in the Middle East. Under his watch contracts are signed for the acquisition of two new naval vessels with an option to purchase a third. All three naval vessels are now part of the Irish Naval Service and have been actively engaged in recent years in rescuing drowning refugees in the Mediterranean Sea attempting to enter Europe.

As Minister for Defence he enacts legislation to grant a pardon and an amnesty to members of the Irish Defence Forces who deserted during World War II to fight on the allied side against Nazi Germany and gives a state apology for their post-war treatment by the Irish State.

Shatter is the minister responsible for two amendments to the Constitution of Ireland which are passed in referendums: the Twenty-ninth Amendment in 2011 to allow for the reduction of judges’ pay, and the Thirty-third Amendment in 2013 to establish a Court of Appeal. Just prior to his resignation from government, the draft legislation to create the court is published and the court is established and sitting by October 2014.

The jurisdictions of the courts are extended for the first time in 20 years and the maximum civil damages payable for the emotional distress of bereaved relations following a negligent death is increased.

As a politician, Shatter plays a lead role in effecting much of the constitutional and legislative change he advocates. He is a former chairperson of FLAC (the Free Legal Advice Centres), a former chairperson of CARE, an organisation that campaigns for childcare and children’s legislation reform in the 1970s and a former President of the Irish Council Against Blood Sports.

Shatter is a founder member of the Irish Soviet Jewry Committee in 1970 and pioneers a successful all party Dáil motion on the plight of Soviet Jewry (1984) and visits various refuseniks in Moscow in 1985. He is a former chairperson of the Oireachtas Foreign Affairs Committee (1996-97) and initiates the creation of an Ireland/Israel Parliamentary Friendship group in 1997, leading a number of visits to Israel by members of the Dáil Éireann and Seanad Éireann.

Shatter is the author of the satirical book Family Planning Irish Style (1979), and the novel Laura (1989). In 2017 his biography, Life is a Funny Business, is published by Poolbeg Press and in 2019 Frenzy and Betrayal: The Anatomy of a Political Assassination is published by Merrion Press. In 2023, his book Cyril’s Lottery of Life, a comedic book with an English solicitor from a small town as its protagonist, is published.


Leave a comment

Birth of Susan Denham, First Female Chief Justice of Ireland

Susan Jane Denham, SC (née Gageby), Irish judge who is the first woman to hold the position of Chief Justice of Ireland (2011-17), is born in Dublin on August 22, 1945. She serves as a Judge of the Supreme Court of Ireland (1992-2017) and is the longest-serving member of the court on her retirement. She also serves as a Judge of the High Court (1991-92).

Gageby is the daughter of the former editor of The Irish Times, Douglas Gageby, the sister of another barrister, Patrick Gageby, and maternal granddaughter of Seán Lester. She is from a Church of Ireland background. She is educated at Alexandra College, Dublin, and attends Trinity College Dublin, the King’s Inns, and the Law School of Columbia University, New York City (LL.M. 1972). She is involved with the Free Legal Advice Centres while studying in Dublin and is a founder and president of the Archaeology and Folklife Society at Trinity College.

Gageby is called to the bar in July 1971 and becomes a Senior Counsel in October 1987. She is the fourth woman to enter the Inner Bar. She becomes a senior counsel on the same day as future Supreme Court colleague Mary Laffoy. She works on the Midland circuit until 1979, following which she is based in Dublin. She is involved in a number of leading cases while a junior barrister and a Senior Counsel particularly in the area of judicial review. She becomes a High Court judge in 1991.

Gageby marries paediatrician Dr. Brian Denham in 1992. Also in 1992, at the age of 47, Denham is the first woman appointed to the Supreme Court. She is considered for appointment to the role of President of the High Court in 1994 but declines to have her name put forward. She makes two dissents early on in her period on the Court. Throughout her tenure as a judge, she is seen by commentators to be a “liberal” judge.

In Kelly v Hennessy in 1996, Denham outlines criteria for a court to consider the evidence of the existence of nervous shock in Ireland. In 2001, she is the sole member of the Supreme Court to dissent in TD v Minister for Education. The court overturns a decision of Peter Kelly in the High Court to direct the government to build secure care units for certain children.

From 1995 to 1998, Denham chairs the Working Group on a Courts Commission, which is responsible for a significant reform of the organisation of the courts since the foundation of the state. It leads to the establishment of the Courts Service. She is on the Interim Board of the Court Service and serves on the Board of the Court Service from its inception and chairs the board from 2001 to 2004. She chairs the Committee on Court Practice and Procedure which recommends in 2002 the establishment of a commercial court within the High Court.

From 2006, Denham chairs the Working Group on a Court of Appeal. The report of the group is published by the government in August 2009 and recommends the establishment of a general Court of Appeal. This is ultimately established in 2014, after a referendum in 2013.

Denham is part of the Irish delegation which, with the Netherlands and Belgium, establishes the European Network of Councils for the Judiciary (ENCJ) and she continues an involvement in this Network. From January 1, 2015, to December 31, 2016, she is President of the Network of the Presidents of the Supreme Judicial Courts of the European Union which is an association of Supreme Court Presidents and Chief Justices of EU Member States.

Denham writes the judgment in McD v. L (2009), upholding the parental rights of a sperm donor.

On July 4, 2011, Denham is nominated by Taoiseach Enda Kenny to become Chief Justice of Ireland and is appointed as Chief Justice by President Mary McAleese on July 25, 2011. She is the first woman appointed to the office and as a member of the Church of Ireland, she is the first non-Catholic to hold the position. She is also the first graduate of Trinity College Dublin to have been appointed as Chief Justices have largely been graduates of University College Dublin. She succeeds John L. Murray.

During Denham’s tenure as Chief Justice, the Supreme Court issues suspended declarations of unconstitutionality for the first time. The possibility to delay the effect of a court declaration that a piece of legislation is contrary to the Constitution is first explored by Denham in A v Governor of Arbour Hill Prison. The court first adopts this approach in N.V.H. v Minister for Justice & Equality in May 2017.

As Chief Justice, Denham oversees changes in the operations of the Supreme Court and the courts generally. She oversees the removal of the requirement for judges to wear wigs while hearing cases. In 2015, the Supreme Court sits outside Dublin for the first time since 1931, sitting in Cork. She corresponds with the Office of Public Works over the lack of heating in the Four Courts, threatening to cancel sittings if the issue is not resolved. She advocates for the inclusion of a new courtroom for the Supreme Court in plans to develop a new family court complex on Hammond Lane.

In her capacity as Chief Justice, Denham oversees the administration of the Presidential Declaration of Office at the inauguration of President Michael D. Higgins in Dublin Castle in November 2011.

Denham retires from the position in July 2017 and is succeeded by Judge Frank Clarke. She is the third-longest serving Supreme Court judge ever at the time of her retirement. In her remarks on her retirement, she draws attention to the government’s failure to institute a judicial council, having first attempted to persuade the government to establish one in 1997.

In 2019, Denham is made an honorary fellow of Trinity College Dublin, where she was a Pro-Chancellor from 1996-2010.

The Courts Service announces on August 24, 2020, that the Supreme Court has appointed Denham to review the attendance of Supreme Court judge Séamus Woulfe at a dinner organised by the Oireachtas Golf Society. She is appointed on a non-statutory basis as the relevant section in the Judicial Council Act 2019 on judicial conduct has not yet been commenced.