Donal O'Donnell
Donal Gerard O'Donnell (born 25 October 1957[1]) is an Irish judge who is the Chief Justice of Ireland since October 2021. He has served as a Judge of the Supreme Court of Ireland since January 2010. He practised as a barrister between 1982 and 2010, specialising in commercial law and public law.
Donal O'Donnell | |
|---|---|
O'Donnell in 2022 | |
| 13th Chief Justice of Ireland | |
| Assumed office 11 October 2021 | |
| Nominated by | Government of Ireland |
| Appointed by | Michael D. Higgins |
| Preceded by | Frank Clarke |
| Judge of the Supreme Court | |
| Assumed office 20 January 2010 | |
| Nominated by | Government of Ireland |
| Appointed by | Mary McAleese |
| Personal details | |
| Born | Donal Gerard O'Donnell 25 October 1957[1] Belfast, Northern Ireland |
| Nationality | Irish |
| Spouse | Mary Rose Binchy (m. 1992) |
| Children | 4 |
| Parent | Turlough O'Donnell |
| Education | St. Mary's School |
| Alma mater | |
Early life edit
He was born in Belfast, in 1957.[2] He was educated at St. Mary's Christian Brothers' Grammar School, Belfast, University College Dublin, King's Inns and the University of Virginia.[3] While attending University College Dublin, he won the 1978 Irish Times Debate with Conor Gearty for the UCD Law Society.[4] He graduated from Virginia in 1983, where he wrote a research paper comparing equality under the US and Irish constitutions, supervised by A.E. Dick Howard.[5] Janet Napolitano was also among the class of 1983.[6]
His brother Turlough O'Donnell SC is former Chairman of the Bar Council of Ireland.[7] He comes from a legal family, his father, The Rt. Hon Turlough O'Donnell PC, was a member of the High Court of Northern Ireland and of the Court of Appeal of Northern Ireland between 1971 and 1990.[8]
Legal career edit
He was called to the Bar of Ireland in 1982. He was then later called to the Bar of Northern Ireland in 1989.[9] He became a Senior Counsel in October 1995.[10] He has practised in all courts in Ireland, Northern Ireland, European Court of Justice (ECJ) and the European Court of Human Rights (ECHR).[3] He was known for his speciality in constitutional law, frequently appearing on behalf of the State.[11][2] In 1995-96 he represented the BTSB in the Brigid McCole case, eventually settling her case for damages. He successfully represented the applicants from the Garda Síochána after the death of John Carthy in a constitutional challenge which limited the powers of investigation of the Oireachtas,[12] which led to the unsuccessful Thirtieth Amendment of the Constitution.[13] He acted for the State in Zappone v. Revenue Commissioners, Roche v Roche and Miss D.[9][2] In Michael Ring's challenge to a ban on a dual mandate he acted for the State and represented Micheál Martin in an action taken by Kathy Sinnott challenging the results of the 2002 general election in Cork South-Central.[14][15] He was counsel for Michael Lowry at the Moriarty Tribunal.[9] In 2002, he represented eighteen religious groups in a negotiation with the Minister for Education Michael Woods.[16] He acted for Ireland in the European Court of Human Rights in 2009 in A, B and C v Ireland.[17]
O'Donnell's practice also extended to commercial law. He and Paul Gallagher acted for a group of tobacco companies in 2004 challenging restrictions of tobacco advertising and he appeared for the estate of James Joyce in a copyright action against Cork University Press in 2000.[18][19] He represented the Beef Industry Development Society Ltd in a 2008 case in the ECJ which clarified the meaning of an agreement under Article 101 of the Treaty on the Functioning of the European Union.[20] In 2007 he and Paul Anthony McDermott acted for Elin Nordegren in libel proceedings against The Dubliner.[21] He also appeared in cases involving insolvency law, employment law, company law and contract law.[22][23][24][25]
O'Donnell was a member of the Law Reform Commission from 2005 to 2012. He became a Bencher of the King's Inns in 2009.[3]
Judicial career edit
O'Donnell was appointed to the Supreme Court in 2010. He was appointed directly from practice to Ireland's highest court, a rare direct appointment.[26] His appointment followed Nicholas Kearns becoming President of the High Court.[27]
There have been several distinctive and innovative features of his Supreme Court judgments, including writing joint opinions and opting to delay a declaration of unconstitutionality, in lieu of no declaration at all, to enable the government to take action before a judgment takes effect.[11] Ruadhán Mac Cormaic of The Irish Times says O'Donnell has a reputation for elegant writing and having a "socially liberal" approach.[11]
Chief Justice edit
He was reported to have been one of three judges shortlisted to be the 12th Chief Justice of Ireland in July 2017; however, Frank Clarke was chosen.[28] On 28 May 2021, he was nominated by the government to become the 13th Chief Justice of Ireland following Clarke's retirement in October 2021.[29][30][31][32] He was appointed on 11 October 2021, by President Michael D. Higgins at a ceremony at Áras an Uachtaráin.[33][34]
Personal life edit
He is married to Mary Rose Binchy, an artist,[11] with whom he has four children.[9]
References edit
- ^ a b "O'Donnell, Donal Gerard, (born 25 Oct. 1957), a Judge of the Supreme Court of Ireland, since 2010". Who's Who. 2011. doi:10.1093/ww/9780199540884.013.U254010.
- ^ a b c Coulter, Carol (22 December 2009). "Donal O'Donnell nominated to Supreme Court". The Irish Times. p. 4.
- ^ a b c "2018 Supreme Court Annual Report" (PDF). Supreme Court. (PDF) from the original on 21 December 2019. Retrieved 21 April 2019.
- ^ "Where are they now?". The Irish Times. 31 January 1992. p. 9. from the original on 13 October 2012. Retrieved 9 December 2019.
- ^ "O'Donnell LL.M. '83 Nominated to Supreme Court of Ireland". University of Virginia School of Law. 17 January 2010. from the original on 9 December 2019. Retrieved 9 December 2019.
- ^ "1980s Class Notes". University of Virginia School of Law. from the original on 9 December 2019. Retrieved 9 December 2019.
- ^ "O'Donnell takes Supreme Court seat". Irish Times. 20 January 2010. from the original on 24 February 2016. Retrieved 20 January 2016.
- ^ "NI barrister joins Supreme Court". The Belfast Telegraph. 20 January 2010. from the original on 20 October 2012. Retrieved 4 June 2011.
- ^ a b c d "UCD Connections 2010" (PDF). UCD. (PDF) from the original on 9 December 2019. Retrieved 9 December 2019.
- ^ "Five are called to Inner Bar". The Irish Times. 3 October 1995. p. 4.
- ^ a b c d Cormaic, Ruadhán Mac. "Donal O'Donnell: Intellectual heavyweight and innovator". The Irish Times. No. 26 July 2019. from the original on 5 September 2019. Retrieved 9 December 2019.
- ^ Maguire v Ardagh, 1 I.R. 385 (Supreme Court of Ireland 2002).
- ^ "Government publishes inquiries Bill". The Irish Times. 12 September 2011. from the original on 12 June 2018. Retrieved 9 December 2019.
- ^ "Dual mandate abolition 'allows for new blood'". Irish Independent. Retrieved 6 April 2021.
- ^ "Judgment on costs in Sinnott case reserved". The Irish Times. Retrieved 6 April 2021.
- ^ "Indemnity deal agreed with State was signed by 18 religious groups". The Irish Times. Retrieved 6 April 2021.
- ^ Cahill, Ann (10 December 2009). "State defends restrictive laws to European Court". Irish Examiner. Retrieved 6 April 2021.
- ^ "Firms want no detailed evidence in challenge to tobacco ads ban". The Irish Times. Retrieved 25 April 2020.
- ^ "Ulysses 2: judgment day". Sunday Business Post. 7 October 2000.
- ^ Competition Authority v Beef Industry Development Society Ltd, Case C‑209/07 (ECJ 20 November 2008).
- ^ "Apology and payout for false article on Elin Woods". The Irish Times. Retrieved 6 April 2021.
- ^ "Butler may be placed in examinership". The Irish Times. Retrieved 6 April 2021.
- ^ "Museum director's legal challenge to IMMA decision adjourned". The Irish Times. Retrieved 6 April 2021.
- ^ "Interim report on National Irish Bank investigation presented to High Court". The Irish Times. Retrieved 6 April 2021.
- ^ "Dunne and CBRE settle court case". The Irish Times. Retrieved 6 April 2021.
- ^ "Constitutional barrister appointed to Supreme Court". Breakingnews.ie. 20 January 2010. from the original on 25 February 2016. Retrieved 20 January 2016.
- ^ Carolan, Mary. "Mr Justice Donal O'Donnell formally appointed to Supreme Court". The Irish Times. from the original on 2 November 2017. Retrieved 9 December 2019.
- ^ Cormaic, Ruadhán Mac; Minihan, Mary. "Cabinet to pick chief justice from three-judge shortlist". The Irish Times. from the original on 5 September 2019. Retrieved 9 December 2019.
- ^ "Appointment to the Office of the Chief Justice". www.gov.ie. from the original on 28 May 2021. Retrieved 28 May 2021.
- ^ O'Donnell, Orla (28 May 2021). "Judge Donal O'Donnell to be nominated as Chief Justice". RTÉ News. from the original on 1 June 2021. Retrieved 28 May 2021.
- ^ Leahy, Pat (28 May 2021). "Supreme Court judge Donal O'Donnell to be nominated as next Chief Justice". The Irish Times. from the original on 28 May 2021. Retrieved 28 May 2021.
- ^ Phelan, Shane (28 May 2021). "Mr Justice Donal O'Donnell to become next Chief Justice". Irish Independent. from the original on 28 May 2021. Retrieved 28 May 2021.
- ^ "Diary - President Appoints Mr Justice Donal O'Donnell As New Chief Justice". president.ie. Retrieved 11 October 2021.
- ^ "An Príomh-Bhreithamh a Cheapadh" (PDF). Iris Oifigiúil (in Irish). 2021 (84): 1195. 19 October 2021. Retrieved 10 November 2021.