Seanad Report: It would be appalling were a party whip to be applied in an impeachment hearing against Judge Brian Curtin, Mr Joe O'Toole (Ind) said.
There should be an absolutely free vote in impeachment cases. It was not a party issue.
Mr O'Toole said it was imperative that the House have guidance on how it should deal with impeachment proceedings were they to arise.
Members must know what rules they were expected to follow. The Constitution merely referred to stated misbehaviour as being the matter at issue. If they were to come to a conclusion on such a question they must first be provided with the information to enable them to do so.
The pleadings in the case and the book of evidence, which would be with the DPP at present, should be made available to every member of both Houses. They should have the Garda report "on it", and they should also have a Government position.
He said there had to be some way to recognise the tenets of natural justice to the extent that the person involved in that situation should have some opportunity to make a case in his own defence. It was not clear how that would happen.
"I just don't want us to be in a situation where the Government takes a decision on a Monday, and we are all faced with having to do something about it three days later."
Ms Kathleen O'Meara (Labour) said clarification on how the House would handle the whole issue of impeachment would be welcomed by all parties.
The Cathaoirleach, Mr Rory Kiely, said that the Chair could give no formal ruling on the matter at this point. However, he would be willing to meet members privately on the issue.
The leader of the House, Ms Mary O'Rourke, said that whether there was an immediate case or not, it was important that members know what their rights and duties were, and how they were to go about them.
She was glad that the Cathaoirleach was ready to meet with members. "I think everybody is a bit in the dark because it has actually never happened, I think."
• Civilians may be hired for highway patrol duties, the House heard. Opening a debate on road safety, the Minister for Transport, Mr Brennan, said he had noted with interest recent media coverage regarding the recruitment in the UK of highway agency officers who were civilians and who would be given limited powers in relation to traffic management and highway patrol duties.
"We will monitor progress with regard to the usefulness of this proposal in determining if similar arrangements could operate in this country," the Minister said.