Thomas Finlay (judge)
{{Short description|Irish judge, politician and barrister (1922–2017)}}
{{other people|Thomas Finlay}}
{{Use dmy dates|date=May 2016}}
{{Use Hiberno-English|date=May 2016}}
{{Infobox officeholder
| image =
| order = 7th
| office = Chief Justice of Ireland
| term_start = 10 October 1985
| term_end = 16 March 1994
| nominator = Government of Ireland
| appointer = Patrick Hillery
| predecessor = Tom O'Higgins
| successor = Liam Hamilton
| office1 = Judge of the Supreme Court
| term_start1 = 3 September 1985
| term_end1 = 16 March 1994
| nominator1 = Government of Ireland
| appointer1 = Patrick Hillery
| office2 = President of the High Court
| term_start2 = 10 January 1974
| term_end2 = 1 September 1985
| nominator2 = Government of Ireland
| appointer2 = Erskine H. Childers
| predecessor2 = Aindrias Ó Caoimh
| successor2 = Liam Hamilton
| office3 = Judge of the High Court
| term_start3 = 2 March 1971
| term_end3 = 1 September 1985
| nominator3 = Government of Ireland
| appointer3 = Éamon de Valera
| office4 = Teachta Dála
| term_start4 = May 1954
| term_end4 = March 1957
| constituency4 = Dublin South-Central
| birth_date = {{birth date|1922|9|17|df=y}}
| birth_place = Blackrock, Dublin, Ireland
| death_date = {{death date and age|2017|12|3|1922|9|17|df=y}}
| death_place = Irishtown, Dublin, Ireland
| resting_place = Shanganagh Cemetery, Shankill, Dublin, Ireland
| nationality = Irish
| party = Fine Gael
| spouse = {{marriage|Alice Blayney|1947|2012}}
| children = 4, including Mary
| father = Thomas Finlay
| relations = {{Ubl|John Blayney (brother-in-law)|Hugh Geoghegan (son-in-law)|James Geoghegan (grandson)}}
| education = Clongowes Wood College
| alma_mater = {{Ubl|University College Dublin|King's Inns}}
|}}
Thomas Aloysius Finlay (17 September 1922 – 3 December 2017) was an Irish judge, politician and barrister who served as Chief Justice of Ireland and a Judge of the Supreme Court from 1985 to 1994, President of the High Court from 1974 to 1985 and a Judge of the High Court from 1971 to 1985. He served as a Teachta Dála (TD) for the Dublin South-Central constituency from 1954 to 1957.{{cite book|last1=Europa Publications|title=The international who's who, 1997-98|date=1997|publisher=Europa Publications|isbn=1857430220|page=48|edition=61}}
Early life and career
He was the second son of Thomas Finlay, a politician and senior counsel whose career was cut short by his early death in 1932.{{cite news | title= A considerate, patient and shrewd chief justice Obituary: Thomas Finlay | url=https://www.irishtimes.com/opinion/a-considerate-patient-and-shrewd-chief-justice-1.3327314 |date=21 March 1996 |access-date=16 December 2017 | newspaper=The Irish Times |language=en| archive-url= https://web.archive.org/web/20220325115639/https://www.irishtimes.com/opinion/a-considerate-patient-and-shrewd-chief-justice-1.3327314 |archive-date=25 March 2022}} He was educated at Clongowes Wood College, University College Dublin (UCD) and King's Inns. While attending UCD, he was elected Auditor of the University College Dublin Law Society. His older brother, William Finlay (1921–2010), was a governor of the Bank of Ireland.
He was called to the Bar in 1944, practising on the Midlands circuit and became a senior counsel in 1961.{{cite web| url = http://www.supremecourt.ie/SupremeCourt/sclibrary3.nsf/pagecurrent/B8E6388E466B6FB680257315005A41D3?opendocument&l=en | title=Former Chief Justices | work=The Supreme Court of Ireland | accessdate=27 November 2008 | archive-date=17 September 2018 | archive-url= https://web.archive.org/web/20180917215319/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/pagecurrent/B8E6388E466B6FB680257315005A41D3?opendocument&l=en |url-status=live }}
Political career
He was elected to Dáil Éireann as a Fine Gael TD for the Dublin South-Central constituency at the 1954 general election{{cite web|url=https://www.oireachtas.ie/en/members/member/Thomas-A-Finlay-Jnr.D.1954-06-02/|title=Thomas A. Finlay Jnr|work=Oireachtas Members Database|accessdate=27 November 2008|archive-date=7 November 2018|archive-url=https://web.archive.org/web/20181107185631/https://www.oireachtas.ie/en/members/member/Thomas-A-Finlay-Jnr.D.1954-06-02|url-status=live}} He lost his seat at the 1957 general election.{{cite web|url=http://electionsireland.org/candidate.cfm?ID=8678|title=Thomas Finlay|work=ElectionsIreland.org|accessdate=27 November 2008|archive-date=9 September 2007|archive-url=https://web.archive.org/web/20070909024117/http://www.electionsireland.org/candidate.cfm?id=8678|url-status=live}}
Legal career
Following his exit from politics in 1957, having lost his Dáil seat, he resumed practising as a barrister. He successfully defended Captain James Kelly in the infamous 1970 arms trial.{{cite news | title= A man of common sense rather than abstract principle | url=https://www.irishtimes.com/news/a-man-of-common-sense-rather-than-abstract-principle-1.96960 |last=McNally |first=Frank |date=18 October 1996 |access-date=18 March 2022 | newspaper=The Irish Times |language=en| archive-url=https://web.archive.org/web/20220325043542/https://www.irishtimes.com/news/a-man-of-common-sense-rather-than-abstract-principle-1.96960|archive-date=25 March 2022}}
In 1971, he was tasked by the Fianna Fáil government with representing Ireland before the European Commission of Human Rights, when, in response to the ill-treatment of detainees by security forces in Northern Ireland, they charged the British government with torture. Despite the notional recourse such prisoners would have within the British legal system, the Commission ruled the complaint admissible.
Judicial career
He was subsequently appointed a High Court judge and President of the High Court in January 1974. In 1985, Taoiseach Garret FitzGerald and his government nominated him to the Supreme Court and the office of Chief Justice of Ireland. On 10 October 1985, he was appointed by President Patrick Hillery to both roles.
In this period he presided over several landmark cases, including the X Case in 1992, when he overturned a High Court injunction preventing a pregnant teenage rape victim from travelling to the UK for an abortion.
When, in the same year, Judge Liam Hamilton of the High Court, chair of the Beef Tribunal, sought disclosure of the cabinet's minutes for a particular meeting, Chief Justice Finlay along with the majority of the Supreme Court denied the request ruling that the concept of collective government responsibility in the Constitution took precedence.
He announced his resignation as Chief Justice of Ireland, and retirement as a judge in 1994.
Retirement
After his retirement, he presided over several public inquiries.
=Landsdowne Road Riot Inquiry=
In 1996, he oversaw the inquiry into the violence by English fans at the aborted 1995 friendly soccer match versus the Republic of Ireland at Lansdowne Road.{{cite news | title= Terrible Lansdowne Road night almost ended in tragedy | url=https://www.irishtimes.com/news/ireland/irish-news/terrible-lansdowne-road-night-almost-ended-in-tragedy-1.2240458 |last=McGreevy |first=Ronan |date=21 March 1996 |access-date=24 March 2022 | newspaper=The Irish Times |language=en}} His report to Bernard Allen, Minister for Sport, was critical of security arrangements on the night and recommended improvements to ticketing, seat-allocation, fan-vetting and policing arrangements. The Irish Government shared his report with the British Home Office.
=Commission on the Newspaper Industry=
After the collapse of the Irish Press group in 1995, the Minister for Enterprise and Employment, John Bruton received a damming report from the Competition Authority that Independent Newspapers had abused its dominant position and acted in an anti-competitive manner by purchasing a shareholding in the Irish Press. In September 1995, Bruton announced the Commission on the Newspaper Industry with an extremely wide remit to examine diversity and ownership, competitiveness, editorial freedom and standards of coverage in Irish newspapers as well as the impact of the sales of the British press in Ireland.{{cite news | title= Concern at back-up for newspapers commission | url=https://www.irishtimes.com/newspaper/archive/1995/0911/Pg004.html#Ar00403 | last=Foley | first=Michael | date=11 September 1995 | access-date=24 March 2022 | newspaper=The Irish Times |language=en}}
Minister Bruton appointed 21 people{{cite news | title= Members of the Newspaper Commission | url=https://www.irishtimes.com/business/members-of-the-commission-1.72533 |date=31 July 1996 | access-date=24 March 2022 | newspaper=The Irish Times |language=en}} to the commission and appointed Justice Finlay chair.
Due to the wide remit and huge number of submissions the commission's report was delayed{{cite news | title= Newspaper commission's report delayed | url=https://www.irishtimes.com/news/newspaper-commission-s-report-delayed-1.35636 |last=Foley |first=Michael |date=21 March 1996 | access-date=24 March 2022 | newspaper=The Irish Times |language=en}} but was eventually published at the end of July recommending widespread reforms.{{cite news | title= Commission seeks wide reforms for newspapers | url=https://www.irishtimes.com/news/commission-seeks-wide-reforms-for-newspapers-1.59328 |last=Foley |first=Michael |date=18 June 1996 |access-date=24 March 2022 | newspaper=The Irish Times |language=en}}{{cite news | title= Main Recommendations | url=https://www.irishtimes.com/newspaper/archive/1996/0731/Pg017.html#Ar01706 |date=31 July 1996 |access-date=24 March 2022 | newspaper=The Irish Times |language=en}}{{cite news | title= Minister to review below cost selling by British newspapers | url=https://www.irishtimes.com/business/minister-to-review-below-cost-selling-by-british-newspapers-1.72531 |last=O'Keefe |first=Barry |date=31 July 1996 |access-date=24 March 2022 | newspaper=The Irish Times |language=en}}
=Tribunal of Inquiry into the Blood Transfusion Service Board=
Following the discovery of the BTSB anti-D scandal, in 1996, Finlay was appointed the chair and singular member of the Tribunal of Inquiry into the Blood Transfusion Service Board.{{cite web |title=Report of the Tribunal of Inquiry into the Blood Transfusion Service Board | url=http://opac.oireachtas.ie/AWData/Library3/Library2/DL034459.pdf |access-date=11 March 2022 |work=Oireachtas Library |date=11 March 1997 |language=en}}{{cite news |title= High Court judge to be only member of hepatitis C inquiry tribunal | url=https://www.irishtimes.com/news/high-court-judge-to-be-only-member-of-hepatitis-c-inquiry-tribunal-1.93767 |date=9 October 1996 |access-date=18 March 2022 |newspaper=The Irish Times |language=en}}
The speed and efficiency with which Finlay's BTSB Tribunal conducted its business, restored confidence in the Tribunal as a mechanism for resolving great controversies in the public interest.{{cite news | title= Tight and focused terms of reference for new tribunal crucial for success | url=https://www.irishtimes.com/news/tight-and-focused-terms-of-reference-for-new-tribunal-crucial-for-success-1.40214 |last=O'Toole |first=Fintan |date=6 February 1997 |access-date=18 March 2022 | newspaper=The Irish Times |language=en}}
=Sports Adjudication=
He also sat on an IRFU panel to adjudicate the cases of Rugby players accused of using banned performance-enhancing substances.
Personal life
He was married to Alice Blayney, who predeceased him in 2012. They had five children, two of whom followed in his family's legal tradition; his son John is a Senior Counsel and his daughter Mary Finlay Geoghegan a former judge of the High Court, Court of Appeal and Supreme Court. Whenever his work schedule allowed, he would escape to County Mayo where he could indulge his passion for fishing.{{cite web | url=https://www.irishtimes.com/news/ireland/irish-news/former-chief-justice-remembered-as-one-of-life-s-true-gentlemen-1.3316817 | title=Former chief justice remembered as 'one of life's true gentlemen' | website=Irishtimes.com | date=5 December 2017 |accessdate=25 March 2022 | archive-date=25 March 2022|archive-url = https://web.archive.org/web/20220325132244/https://www.irishtimes.com/news/ireland/irish-news/former-chief-justice-remembered-as-one-of-life-s-true-gentlemen-1.3316817 | url-status=live}}
Death
Thomas Finlay died on 3 December 2017, aged 95.{{cite web|url=https://www.irishtimes.com/news/ireland/irish-news/death-announced-of-former-chief-justice-thomas-finlay-1.3314207? | title=Death announced of former chief justice Thomas Finlay|website=Irishtimes.com|accessdate=4 December 2017|archive-date=2 July 2018|archive-url=https://web.archive.org/web/20180702130547/https://www.irishtimes.com/news/ireland/irish-news/death-announced-of-former-chief-justice-thomas-finlay-1.3314207?mode=amp|url-status=live}}
Sources
- [https://www.irishtimes.com/news/ireland/irish-news/death-announced-of-former-chief-justice-thomas-finlay-1.3314207?mode=amp Irish Times Obituary: Thomas Finlay, a considerate, patient and shrewd chief justice (Irish Times 6 December 2017)]
- [https://web.archive.org/web/20220325043542/https://www.irishtimes.com/news/a-man-of-common-sense-rather-than-abstract-principle-1.96960 A man of common sense rather than abstract principle (Irish Times 18 October 1996)]
- [https://web.archive.org/web/20180917215319/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/pagecurrent/B8E6388E466B6FB680257315005A41D3?opendocument&l=en Former Chief Justices of the Irish Supreme Court]
- [http://opac.oireachtas.ie/AWData/Library3/Library2/DL034459.pdf Report of the Tribunal of Inquiry into the Blood Transfusion Service Board (1997)]
References
{{Reflist}}
{{s-start}}
{{s-legal}}
{{s-bef|before = Tom O'Higgins}}
{{s-ttl|title = {{nowrap|Chief Justice of Ireland}}
|years = 1985–1994}}
{{s-aft|after = Liam Hamilton}}
{{s-end}}
{{Chief Justices of Ireland}}
{{Dublin South-Central (Dáil constituency)/TDs}}
{{Authority control}}
{{DEFAULTSORT:Finlay, Thomas}}
Category:Members of the 15th Dáil
Category:Politicians from County Dublin
Category:Presidents of the High Court (Ireland)
Category:Alumni of University College Dublin
Category:Chief justices of Ireland
Category:People educated at Clongowes Wood College
Category:Chairpersons of the Referendum Commission
Category:Alumni of King's Inns