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Tag Archives: Mary Laffoy


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Birth of Mary Laffoy, Retired High Court & Supreme Court Judge

Mary Eleanor Laffoy, SC, retired Irish judge who is currently President of the Law Reform Commission, is born on North Circular Road, Dublin, on June 17, 1945. She previously serves as a Judge of the Supreme Court of Ireland from 2013 to 2017, and a Judge of the High Court from 1995 to 2013. She chairs the Citizens’ Assembly between 2016 and 2018.

Laffoy moves to Manorhamilton and Swinford, before returning to Dublin to live in Donabate following the death of her father. She attends Tourmakeady College in Toormakeady, County Mayo.

Initially after leaving school Laffoy tries primary school teaching at Carysfort College and joins the civil service. She is subsequently educated at University College Dublin (UCD) and King’s Inns. She receives the John Brooks Scholarship at the Inns for achieving the highest marks. She receives a BA from UCD in 1968 and a BCL in 1971.

Laffoy is called to the Bar in 1971 and to the Inner Bar in 1987. She devils for Brian McCracken. She becomes a Senior Counsel on the same day as future Supreme Court colleagues Susan Denham and Liam McKechnie and at the time is only one of four women seniors.

Laffoy’s expertise at the Bar is in property law. She appears in the Cityview Press case which clarifies the law on the nondelegation doctrine in Ireland. In 1983, she is appointed by the Supreme Court to argue against the constitutionality of the Electoral (Amendment) Bill 1983 following a reference made by President Patrick Hillery under Article 26 of the Constitution of Ireland. She appears in another Article 26 reference made by Mary Robinson regarding the Matrimonial Home Bill 1993. For both references, the Supreme Court finds for her side.

In 1986, Laffoy appears on The Late Late Show in a simulated court case to argue for a vote against the Fifteenth Amendment of the Constitution of Ireland.

Laffoy is appointed as a judge of the High Court in 1995, primarily presiding over cases involving chancery law.

Laffoy presides over the Commission to Inquire into Child Abuse from 1999 to 2003, an inquiry into child abuse. Her decision to resign as chair before the commission completes its report is controversial. In her letter of resignation from the commission of September 2, 2003, she outlines her belief that the actions of the Government and the Department of Education have frustrated her efforts and have slowed the commission’s work. She feels that “the cumulative effect of those factors effectively negated the guarantee of independence conferred on the Commission and militated against it being able to perform its statutory functions.” The commission is chaired from 2003 to 2009 by Judge Sean Ryan.

Laffoy presides over the High Court hearing in A v Governor of Arbour Hill Prison, ordering the release of a prisoner convicted of statutory rape due an earlier finding that the offence he was convicted of was contrary to the Constitution of Ireland. Her decision is overturned on appeal to the Supreme Court. In 2012, she dismisses an action taken by Thomas Pringle regarding the legality of the European Stability Mechanism. The European Court of Justice, after reference from the Supreme Court, also rejects his claim. During her time at the High Court, ten percent of reported judgments are written by her.

Laffoy is appointed to the Supreme Court of Ireland in July 2013. She retires from the Supreme Court on June 16, 2017. A portrait of her is unveiled in the King’s Inns in March 2020.

In July 2016, Laffoy is appointed by Taoiseach Enda Kenny to chair the Citizens’ Assembly, which she chairs until June 2018. She becomes the president of the Law Reform Commission in 2018.


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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.


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Eighth Amendment of the Constitution of Ireland Approved

eighth-amendment

The Eighth Amendment of the Constitution of Ireland, which introduces a constitutional ban on abortion by recognizing a right to life of an unborn child, is approved by referendum on September 7, 1983, and signed into law on October 7 of the same year. It is often referred to as the Irish Pro-Life Amendment.

The amendment is adopted during the Fine Gael–Labour Party coalition government led by Garret FitzGerald but is drafted and first suggested by the previous Fianna Fáil government of Charles Haughey. The amendment is supported by Fianna Fáil and some of Fine Gael and is generally opposed by the political left. Most of those opposed to the amendment, however, insist that they are not in favour of legalising abortion. The Roman Catholic hierarchy supports the amendment, but it is opposed by the other mainstream churches. After an acrimonious referendum campaign, the amendment is passed by 67% voting in favour to 33% voting against.

Under sections 58 and 59 of the Offences against the Person Act 1861, abortion is already illegal in Ireland. However, anti-abortion campaigners fear the possibility of a judicial ruling in favour of allowing abortion. In McGee v. Attorney General (1973), the Supreme Court of Ireland had ruled against provisions of the Criminal Law Amendment Act 1935 prohibiting the sale and importation of contraception on the grounds that the reference in Article 41 to the “imprescriptable rights, antecedent and superior to all positive law” of the family conferred upon spouses a broad right to privacy in marital affairs. In the same year, the Supreme Court of the United States ruled on similar grounds in Roe v. Wade to find a right to an abortion grounded on privacy.

The Pro-Life Amendment Campaign (PLAC) is founded in 1981 to campaign against a ruling in in Ireland similar to Roe. Prior to the 1981 general election, PLAC lobbies the major Irish political parties – Fianna Fáil, Fine Gael, and the Labour Party – to urge the introduction of a Bill to allow the amendment to the constitution to prevent the Irish Supreme Court so interpreting the constitution as giving a right to abortion. The leaders of the three parties – respectively Charles Haughey, Garret FitzGerald, and Frank Cluskey – agree although there is little consultation with any of their parties’ ordinary members. All three parties are in government over the following eighteen months, but it is only in late 1982, just before the collapse of a Fianna Fáil minority government, that a proposed wording for the amendment is produced.

The referendum is supported by PLAC, Fianna Fáil, some members of Fine Gael, and the Roman Catholic hierarchy and opposed by various groups under the umbrella name of the Anti-Amendment Campaign (AAC), including Labour senator, and future President of Ireland, Mary Robinson, feminist campaigners, and trade unions.

There is currently a campaign for repeal of the Eighth Amendment in Ireland. This is led by both a coalition of human rights and pro-choice groups and has widespread support from a number of legal academics and members of the medical profession. In the run up to the 2016 general election, a number of parties commit to a referendum to repeal the Eighth Amendment and a group of feminist law academics publish model legislation to show what a post-Eighth Amendment abortion law could look like. In June 2016, Minister for Health Simon Harris states his support for a referendum on repealing the 8th.

On July 27, 2016, the government appoints Supreme Court judge Mary Laffoy as chair of a Citizens’ Assembly to consider a number of topics, including the Eighth Amendment.