Opposition support s Bill to compel judge

Opposition parties yesterday gave conditional support to legislation which aims to compel Judge Brian Curtin to appear before a committee reviewing his case.

The Bill passed without a division, but Fine Gael insisted that the Government had to take full responsibility for the process it had initiated and the legislative and other procedures proposed, which could lead to the removal of Judge Curtin from office.

Labour's support was conditional on the Government bringing forward and properly debating the Judicial Conduct and Ethics Bill this year.

The Committee of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Bill was rushed through the Dáil in less than two hours yesterday and was also passed by the Seanad.

It was introduced by the Government Chief Whip and Minister of State Ms Mary Hanafin, who said it "provides a power that will be available on any future occasion that the Houses of the Oireachtas may be called upon to contemplate the removal of a judge".

She stressed, however, that "the independence of judges in the exercise of their judicial function is not compromised by this measure".

Fine Gael deputy leader Mr Richard Bruton wanted assurances that the legislation was "robust" and would not be legally challenged.

Mr Bruton said: "We were informed a few days ago that there would be a motion and no legislation. Now we see that two Bills must be passed before a process can be put in place."

He added: "I would like assurances that, despite the speed with which the Government is clearly acting, we are getting it right and that the Oireachtas is not being brought into a process that will create difficulties which might have been anticipated had more time been taken."

During the debate on the Bill Fine Gael's justice spokesman, Mr Jim O'Keeffe, said he accepted the legislation "on the basis that the Government must accept full and complete responsibility for the process it has initiated and the legislative and other procedures now proposed".

Former Labour leader, Mr Ruairí Quinn, said his party would back the legislation on the condition that the Government brought forward the Judicial Conduct and Ethics Bill and dealt with it properly. "Nothing could be more rushed than what we are doing today."

Green Party leader, Mr Trevor Sargent, said the way judges were appointed should be reviewed. It might not be done during the "strict task ahead of us. It must be taken into account, however, because we do not want to be coming back to this situation again."

The Tánaiste, Ms Harney, confirmed it was the Government's intention to bring forward the Judicial Conduct and Ethics Bill later this year.

These were "uncharted waters. We have never gone down this road before. We can never be 100 per cent certain when doing something for the first time and clearly all legislation is open to legal challenge."

But she said the Attorney General had spent considerable time on all the legal matters and "we are satisfied that the legislation being put forward is sound from that perspective".

Ms Hanafin said the Bill "relates only to circumstances where the removal of a judge pursuant to Article 35.4 of the Constitution is being contemplated.

It was "inconceivable the Oireachtas should embark on such a solemn process without having the capacity to require the judge to assist them in that process".

Mr Paudge Connolly (Ind, Cavan-Monaghan) said the public was outraged that Judge Curtin was found innocent of the child pornography charge on a technicality.