There was strong opposition criticism of the timing of the introduction of legislation to pay pensions to the two judges who resigned in the Sheedy affair.

The Minister for Justice, Mr O'Donoghue, explained that the Courts (Supplemental Provisions) (Amendment) Bill was a technical measure framed against the background of the law on pensions applicable to members of the judiciary and court officers, as well as pension provisions relating to the spouses and children of such members.

"This Bill has been produced in difficult circumstances. I am sure all deputies would agree that the question of the severance terms must be addressed sooner rather than later and on a basis that carefully takes account of the legal and other issues surrounding the proposed payments."

Opposition deputies insisted that the Bill should not have been introduced until there was an opportunity to study the report of the Oireachtas Committee on Justice, Equality and Women's Rights on the matter.

Mr O'Donoghue explained that the two former judges, Mr Hugh O'Flaherty and Mr Cyril Kelly, would be paid pensions of £40,000 and £30,000 respectively, while Mr Michael Quinlan, who resigned as county registrar, would receive £15,000.

The Fine Gael spokesman on justice, Mr Jim Higgins, described the decision to pay the pensions now as "wrong and irresponsible". Fine Gael did not have a fundamental problem with the payment of pensions once the Sheedy affair had been fully investigated and concluded. "Both judges had careers of different lengths in the different courts over which they presided and they are entitled to pensions based on their years of service but only when all aspects of their involvement in the wrongful early release of Philip Sheedy have been thoroughly investigated."

The Sheedy affair had not been fully investigated, Mr Higgins said. "Certain aspects remain unexplored and many questions remain to be answered. Crucial to the exploring of the remaining areas and the answering of the unanswered questions is the role of the two former judges.

"It is not a case of unwarranted curiosity. It is a case of the public interest. It is in the public interest, therefore, that an investigation into the remaining aspects of the Sheedy case must be reopened.

"The fact that both the Supreme Court judge and the High Court judge resigned does not mean that the shutters should come down and that this is the end of the affair."

Mr Higgins said that for the Government to expect the Oireachtas to "nod" through legislation guaranteeing Mr O'Flaherty a £40,000 index-lined pension for life "in the light of his illogical, inconsistent, contradictory and unco-operative attitude" was irresponsible. Likewise, he added, in the case of Mr Kelly, one could scarcely get a more damning denunciation from a fellow judge than the Chief Justice's commentary.

The Labour spokesman on justice, Mr Brendan Howlin, said he believed that in deciding what pension arrangements should be made for the retired judges, the Oireachtas was also entitled to have regard for the manner in which they had responded to requests to assist the Dail committee in its search for the truth.

"In this regard, we have particular cause to be disappointed with the reaction of former Supreme Court judge, Mr Hugh O'Flaherty, who, prior to his resignation, volunteered to assist the committee and then subsequent to his resignation, withdrew the offer. I think the best that can be said about Mr Justice Kelly is that his position is unclear.

"Mr Quinlan has indicated his willingness to assist the committee."

Debate on the second stage of the Bill resumes next week.