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Case History: 7. Sending O'Flaherty to Europe

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There was public upset over the appointment. People felt that a judge who had resigned in controversial circumstances the previous year should not be appointed to such a position.


Charlie McCreevy is the Minister for Finance. A top banking position became vacant in Europe this year. The European Investment Bank (EIB) has control over billions of pounds of Europe's finances. It was Ireland's turn to nominate someone to the position of vice-president of the EIB. Ireland rotates this position with two other EU members, Denmark and Greece. It is a four year appointment carrying an annual salary of £147,000. McCreevy decided to nominate Hugh O'Flaherty to the position.

There was public upset over the appointment. People felt that a judge who had resigned in controversial circumstances the previous year should not be appointed to such a position.

Denis Riordan is a 53-year-old lecturer in marine communications at the Limerick Institute of Technology. He went to school at St. Flannan's in Ennis where he was a boarder. He was a loner at school where he was bullied. He detested sport. When he left school he qualified as a radio operator and went to sea for five years.


Denis holding the Constitution

He has no formal legal training but constantly reads and studies law in the library at Limerick University. As a citizen he has brought a number of actions to the High Court in which he has objected to the manner in which he thought our Constitution was being undermined. He lost all of them. He passionately believes it is the responsibility of the citizens of Ireland to protect their Constitution.

This year he brought a challenge to the High Court concerning the appointment of Hugh O'Flaherty to the EIB post. The main part of his objection was that all citizens were entitled to apply for such a job and the Minister was not entitled to appoint whoever he wished. This time Denis Riordan was not ignored. One small man from Limerick was about to take on the might of the State.

The High Court ordered the Minister to stall the nomination until they heard the action from Riordan. On 12 June 2000 the High Court ruled against Riordan and said that the Minister was entitled to nominate Hugh O'Flaherty to the EIB post. Denis Riordan appealed this decision to the Supreme Court which would hold up the nomination for another month.

On 21 July 2000 the Supreme Court ruled against Denis Riordan allowing the nomination of O'Flaherty to go ahead. But there was another stumbling block.

A majority of the 25 directors of the EIB have to ratify the appointment. It appeared last August that a large number of the directors had serious worries about the appointment of O'Flaherty to the post. Much of their concern stemmed from the fact that they were receiving hundreds of emails and letters from ordinary Irish people who urged them to vote against appointing O'Flaherty.

By the end of August it was obvious that O'Flaherty was not going to obtain a majority of the directors supporting his appointment. He decided to withdraw his name. He thanked the Minister for all his support. McCreevy nominated Michael Tutty (pictured right), a senior civil servant at the Department of Finance, to the job.

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