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Tag Archives: Susan Denham


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Death of Newspaper Editor Douglas Gageby

(Robert John) Douglas Gageby, one of the pre-eminent Irish newspaper editors of his generation, dies on June 24, 2004, following a lengthy illness. His life is well documented and a book of essays about him, Bright Brilliant Days: Douglas Gageby and the Irish Times, written by many of his colleagues, some of whom had attained fame for their literary achievements, is published in 2006.

Gageby is born at 54 Upper Beechwood Avenue, Ranelagh, Dublin, to Thomas Gageby, a Belfast-born civil servant. His mother, Ethel Elizabeth (née Smith), is a schoolteacher from County Cavan. The Gageby family moves to Belfast when he is about three years old as his father goes to work for the Northern Ireland Civil Service following partition. His paternal grandfather, Robert Gageby, stands as a Labour Party parliamentary candidate in Belfast North in 1910, and is a Belfast City Councillor for 20 years, first elected in 1898 as a trade union candidate supported by the Independent Labour Party.

Gageby is educated at Belfast Royal Academy and Trinity College Dublin, where he is elected a scholar in Modern Languages (French and German) in 1940. He is also actively involved with the student newspaper, Trinity News. He enlists in the Irish Army as a private soldier at the outbreak of World War II. He is commissioned later, and he serves as an intelligence officer. He reports from post-war Germany for The Irish Press and goes on to work under Conor Cruise O’Brien in the Irish News Agency. In 1954 he is the first editor of the Evening Press. In 1963 he becomes editor of The Irish Times, a post he holds until 1986, having been brought back from a short retirement in 1974. He is credited with moving The Irish Times from a Unionist organ into a successful Irish journal of record.

In 2003 it is revealed that a director, and later Chairman, of The Irish Times, Major Thomas Bleakley McDowell, had referred to Gageby as a “white nigger” for his views and role in the paper during the Northern Ireland civil rights movement‘s campaign in the 1960s. The comment appears in a letter from the British Ambassador to Dublin, Sir Andrew Gilchrist, to Kelvin White, head of the Irish Section of the British Foreign Office and is dated October 2, 1969. Gilchrist is referring to conversations which he had with McDowell where the latter professes himself to be fully behind the British government in the North and hostile to Gageby’s coverage of the civil rights movement. However, historian Mark O’Brien notes, “Despite his contacts with London, McDowell’s actions did not interfere with Gageby’s editorials on Northern Ireland”, due to the fact McDowell believes in editorial independence (even though McDowell strongly disagrees with Gageby’s nationalist views), and because Gageby is making the newspaper commercially successful. Under the 30 year rule, this letter is made available to newspapers on December 22 and 23, 1999, but no newspaper publishes it at that time.

The communiqué is later discovered by the historian Jack Lane and published in the Irish Political Review, a small magazine strongly antagonistic to The Irish Times, in January 2003. He brings it to the attention of The Irish Times editor, Geraldine Kennedy, on January 10, 2003, and she replies on January 15, 2003 saying she is “unable to confirm the veracity of it” and does not publish it. When, on January 26, 2003, the Sunday Independent (Ireland) publishes the story, The Irish Times finally follows the next day, January 27. Nonetheless, on April 24, 2004, Kennedy defends her position by saying, “The contents of the letter in question were published on January 27, 2003, as soon as its existence was drawn to my attention.”

Gageby dies on June 24, 2004, following a two year illness. His private funeral is conducted by Rev. Terence McCaughey, a family friend. The Irish Times endows an annual Douglas Gageby Fellowship for young journalists and a stand of trees is planted in his memory at Moynalty. His papers are presented to Dublin City University (DCU).

Gageby is married to Dorothy, daughter of Seán Lester, last Secretary General of the League of Nations. His daughter, Susan Denham, is the Chief Justice of the Supreme Court of Ireland from 2011 to 2017.


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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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Official Opening of the New Court of Appeal Building

President Michael D. Higgins officially opens the new Court of Appeal building in the Four Courts on November 26, 2015. The court, situated in the former Public Records building in the Four Courts complex, has been refurbished at a cost of €3 million.

The ten-judge court is established in 2014. President of the Court of Appeal, Justice Sean Ryan, says the court has achieved major success in dealing with criminal appeals. He says the court is also committed to realising the hopes and expectations of the people when they established the new court and to making whatever changes are necessary.

Justice Ryan says the new court has inherited 660 cases from the Court of Criminal Appeal and has taken on 287 new appeals up to the previous July. Two hundred eighty have been disposed of and all cases ready for hearing are listed for hearing next term.

On the civil side Justice Ryan says the total number of civil appeals disposed of is 468. New civil appeals number 60 a month. He adds that he and his colleagues have achieved a remarkable amount in a short space of time.

President Higgins pays tribute to the work of the court to date. He says it inherited a significant workload from the Supreme Court and the initial priority is to reduce the backlog of criminal cases. Inroads have also been made into reducing the waiting times for dealing with civil appeals.

President Higgins says that the courts play a vital role in the function of the State and there are also plans to faciltate a second court to hear civil appeals which will make further progress in reducing waiting times. He says the effectiveness and efficiency in the court system is also underscored by Ireland’s obligations under a number of international agreements, including Article 6 of the European Convention on Human Rights, which guarantees citizens a right to a fair and speedy trial.

Chief Justice Susan Denham says the occasion is a significant one for the people of Ireland who decided there should be a Court of Appeal. She adds that it is an important day for all involved in the law and that the new judges of the court have “done trojan work on this great project for the people of Ireland.”

(From: “President opens new Court of Appeals building,” Raidió Teilifís Éireann (RTÉ), http://www.rte.ie, November 26, 2015 | Pictured: President Michael D. Higgins (left) pays tribute to the work of the court to date)


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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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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin, and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats, but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”


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Funeral of Economist Dr. T. K. Whitaker

The funeral of Dr. T. K. Whitaker, former civil servant and economist, takes place in Dublin on January 13, 2017. Regarded as the architect of the modern Irish economy, he dies at age 100 on January 9. President Michael D. Higgins, Tánaiste Frances Fitzgerald, Minister for Finance Michael Noonan, Chief Justice Susan Denham, and Fianna Fáil Leader Micheál Martin are among those attending the requiem mass for Dr. Whitaker at Donnybrook Church.

Whitaker is born in Rostrevor, County Down, to Roman Catholic parents on December 8, 1916, and reared in Drogheda, County Louth, in modest circumstances. His mother, Jane O’Connor, comes from Ballyguirey East, Labasheeda, County Clare. His father, Edward Whitaker, hails from County Westmeath and is assistant manager of a linen mill. He receives his primary and secondary education at the local CBS in Drogheda. He studies mathematics at University College Dublin.

In 1956, Whitaker is appointed Secretary of the Department of Finance. His appointment takes place at a time when Ireland’s economy is in deep depression. Economic growth is non-existent, inflation apparently insoluble, unemployment rife, living standards low and emigration at a figure not far below the birth rate. He believes that free trade, with increased competition and the end of protectionism, will become inevitable and that jobs will have to be created by a shift from agriculture to industry and services. He forms a team of officials within the department which produces a detailed study of the economy, culminating in a plan recommending policies for improvement. The plan is accepted by the government and is transformed into a white paper which becomes known as the First Programme for Economic Expansion. Quite unusually this is published with his name attached in November 1958. The programme which becomes known as the “Grey Book” brings the stimulus of foreign investment into the Irish economy. Before devoting himself to poetry, Thomas Kinsella is Whitaker’s private secretary.

In 1977, Taoiseach Jack Lynch nominates Whitaker as a member of the 14th Seanad Éireann. He serves as a Senator from 1977–81, where he sits as an independent Senator.

In 1981, Whitaker is nominated to the 15th Seanad Éireann by Taoiseach Garret FitzGerald, where he serves until 1982. FitzGerald also appoints him to chair a Committee of Inquiry into the Irish penal system, and he chairs a Parole Board or Sentence Review Group for several years.

Whitaker also serves as Chancellor of the National University of Ireland from 1976 to 1996. He is also President of the Royal Irish Academy and as such, a member of the Board of Governors and Guardians of the National Gallery of Ireland, from 1985 to 1987. He has a very strong love for the Irish language throughout his career and the collection of Irish poetry, An Duanaire: Poems of the Dispossessed 1600–1900, edited by Seán Ó Tuama and Thomas Kinsella, is dedicated to Whitaker. From 1995–96 he chairs the Constitution Review Group, an independent expert group established by the government, which publishes its report in July 1996.

Whitaker receives many national and international honours and tributes for his achievements during his lifetime, most notably the conferral of “Irishman of the 20th Century” in 2001 and Greatest Living Irish Person in 2002. In November 2014, the Institute of Banking confers an Honorary Fellowship on Whitaker and creates an annual T.K. Whitaker Scholarship in his name. In April 2015, he is presented with a lifetime achievement award by University College Dublin’s Economics Society for his outstanding contribution to Ireland’s economic policy.

In November 2016, to mark his centenary year, Dún Laoghaire-Rathdown County Council acknowledges Whitaker’s “outstanding and progressive contribution to Irish public service and to society.” The Cathaoirleach of Dún Laoghaire Rathdown, Cormac Devlin, presents a special award to Whitaker which is accepted by Ken Whitaker on behalf of his father.