Donal O'Donnell

He was born in Belfast, in 1958. He was educated at St. Mary's Christian Brothers' Grammar School, Belfast, University College Dublin, King's Inns and the University of Virginia.[1] While attending University College Dublin, he won the 1978 Irish Times Debate with Conor Gearty for the UCD Law Society.[2] 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.[3] Janet Napolitano was also among the class of 1983.[4]

His brother Turlough O'Donnell SC is former Chairman of the Bar Council of Ireland.[5] He comes from a legal family, his father, The Rt. Hon Sir 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.[6]

He was called to the Irish Bar in 1982. He was then later called to the Bar of Northern Ireland in 1989.[7] He has practised in all courts in Ireland, Northern Ireland, European Court of Justice (ECJ) and the European Court of Human Rights (ECHR).[1] He was known for his speciality in constitutional law.[8] 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,[9] which led to the unsuccessful Thirtieth Amendment of the Constitution.[10] He acted for the State in Zappone v. Revenue Commissioners and Miss D. He was counsel for Michael Lowry at the Moriarty Tribunal.[7]

O'Donnell's practice also extended to commercial law. He and Paul Gallagher acted for a group of tobacco companies in 2004 in challenge to a restriction of tobacco advertising.[11] 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.[12]

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.[1]

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.[13] His appointment followed Nicholas Kearns becoming President of the High Court.[14]

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.[8] Ruadhán Mac Cormaic of The Irish Times says O'Donnell has a reputation for elegant writing and having a "socially liberal" approach.[8]

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.[15]

He is married to Mary Rose Binchy, an artist,[8] with whom he has four children.[7]