Mary Laffoy

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Mary Laffoy
President of the Law Reform Commission
In office
20 October 2018 –22 July 2022

Mary Eleanor Laffoy, SC (born 17 June 1945) is a retired Irish judge who served as President of the Law Reform Commission from 2018 to 2022, a Judge of the Supreme Court from 2013 to 2017, and a Judge of the High Court from 1995 to 2013. [1] She also chaired the Citizens' Assembly between 2016 and 2018.

Contents

Early life

Laffoy was born on North Circular Road, Dublin, moving to Manorhamilton and Swinford, before returning to Dublin to live in Donabate following the death of her father. [2] She attended Tourmakeady College in Toormakeady. [3]

Initially, after leaving school, she tried primary school teaching at Carysfort College and joined the civil service. [2] She was subsequently educated at University College Dublin and King's Inns. [4] She received the John Brooks Scholarship at the Inns for achieving the highest marks. [5] She received a BA degree from UCD in 1968 and a BCL degree in 1971. [6]

She was called to the Bar in 1971 and to the Inner Bar in 1987. She devilled for Brian McCracken. [2] She became a Senior Counsel on the same day as future Supreme Court colleagues Susan Denham and Liam McKechnie and at the time was only one of four women seniors. [3]

Her expertise at the Bar was in property law. [2] She appeared in the Cityview Press case which clarified the law on the nondelegation doctrine in Ireland. [7] In 1983, she was 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 appeared in another Article 26 reference made by Mary Robinson regarding the Matrimonial Home Bill 1993. For both references, the Supreme Court found for her side. [8]

In 1986, she appeared on The Late Late Show in a simulated court case to argue for a vote against the Fifteenth Amendment of the Constitution of Ireland. [9]

Judicial career

High Court

She was appointed as a judge of the High Court in 1995. [10] She primarily presided over cases involving chancery law. [11]

She presided 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 completed its report was controversial. In her letter of resignation from the commission of 2 September 2003, Laffoy outlined her belief that the actions of the Government and the Department of Education had frustrated her efforts and had slowed the commission's work. [12] She felt 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 was chaired from 2003 to 2009 by Judge Sean Ryan.

She presided over the High Court hearing in A v Governor of Arbour Hill Prison , ordering the release of a prisoner convicted of statutory rape due to an earlier finding that the offence he was convicted of was contrary to the Constitution of Ireland. Her decision was overturned on appeal to the Supreme Court. [7] In 2012, she dismissed 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 rejected his claim. [7]

During her time at the High Court, ten per cent of reported judgments were written by Laffoy. [8]

Supreme Court

Laffoy was appointed to the Supreme Court of Ireland in July 2013. [1] She retired from the Supreme Court on 16 June 2017. [7] A portrait of her was unveiled in the King's Inns in March 2020. [13]

Additional appointments

Citizens' Assembly

In July 2016, she was appointed by Taoiseach Enda Kenny to chair the Citizens' Assembly, which she chaired until June 2018. [14]

Law Reform Commission

She became the president of the Law Reform Commission in 2018. [14]

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References

  1. 1 2 "Two new Supreme Court judges announced". RTÉ News . 25 July 2013. Archived from the original on 23 August 2013. Retrieved 25 July 2013.
  2. 1 2 3 4 Gilhooly, Stuart. "Reluctant Heroine". The Parchment. No. Winter 2017. Archived from the original on 23 September 2021. Retrieved 30 May 2020.
  3. 1 2 "Two women among four called to the Inner Bar". The Irish Times. 6 October 1987. p. 10.
  4. ↑ "Two new judges for the Supreme Court". MerrionStreet.ie. 25 July 2013. Archived from the original on 26 May 2014. Retrieved 25 July 2013.
  5. ↑ "Justice Mary Laffoy retires". www.lawsociety.ie. Archived from the original on 23 September 2021. Retrieved 30 May 2020.
  6. ↑ "Current Judges of the Supreme Court". Supreme Court. Archived from the original on 24 September 2015.
  7. 1 2 3 4 "Tributes paid to 'immense' contribution of Ms Justice Mary Laffoy". Irish Times. 16 June 2017. Archived from the original on 12 November 2020. Retrieved 23 September 2021.
  8. 1 2 Denham, Susan. "A Farewell to The Hon. Ms. Justice Mary Laffoy on the occasion of her retirement" (PDF). Archived (PDF) from the original on 23 September 2021. Retrieved 30 May 2020.
  9. ↑ "'Late Late' divorce special tonight". The Irish Times. 20 June 1986. p. 8.
  10. ↑ "Two judges nominated for the Supreme Court". TheJournal.ie. 25 July 2013. Archived from the original on 23 August 2013. Retrieved 25 July 2013.
  11. ↑ "COMMISSIONERS". LRC. Archived from the original on 27 May 2020. Retrieved 30 May 2020.
  12. ↑ Arnold, Bruce (2009). "Chapters 9 & 10". The Irish Gulag. Dublin: Gill and Macmillan. ISBN   978-0-7171-4614-7.
  13. ↑ "Portrait of Ms Justice Mary Laffoy unveiled by The Bar of Ireland". Irish Legal News. Archived from the original on 11 August 2020. Retrieved 30 May 2020.
  14. 1 2 "Law Reform Commission appoints Ms Justice Laffoy as president". Irish Legal News. Archived from the original on 23 September 2021. Retrieved 30 May 2020.
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