Michael McDowell's strategy has been vindicated, writes Stephen Collins, Political Corespondent.
There was huge relief in the political system at the Supreme Court decision in the Curtin case.
After a tortuous legal process, the strategy of Minister for Justice Michael McDowell was vindicated and the right of the Houses of the Oireachtas to consider the impeachment of Judge Brian Curtin for "stated misbehaviour" was upheld.
The implications for the political system are wider than the Curtin case. The right of the Oireachtas to investigate anything had been thrown into doubt by the collapse of a committee set up to inquire into the Abbeylara shooting, following a legal challenge. After that debacle many politicians believed the courts would not regard them as capable of conducting a fair-minded inquiry.
The Supreme Court decision justified Mr McDowell's decision to pursue the impeachment process. In June 2004, when he began the process, there was considerable scepticism about its chance of success.
The case also reflects well on the scrupulous approach to the case adopted by Oireachtas committee chairman Denis O'Donovan and vice-chairman Jim O'Keeffe, acting with the advice of constitutional law expert Gerard Hogan.
Mr O'Keeffe said yesterday that the Supreme Court had confirmed the Oireachtas's right to conduct certain types of inquiry as long as it followed the right approach. He said this could set a precedent and enable politicians to investigate serious matters of public importance once procedures were followed.
The political system's ability to undertake a serious investigative role has been hampered since 1971 when the courts ruled that the inquiry by the Public Accounts Committee into use of public funds during the arms crisis could not compel witnesses to testify. The case involved Pádraig "Jock" Haughey, brother of the former taoiseach.
In the past decade the PAC restored its authority with a detailed inquiry into the failure of the financial institutions to collect the appropriate Dirt tax by facilitating offshore accounts for its customers. Because the banks chose not to challenge the PAC in the courts the inquiry was thorough and speedy, taking less than a year.
After the Dirt inquiry, driven by the energy and commitment of the late Jim Mitchell, there were hopes that the political system would be capable of serious investigations.
The contrast between the workrate and the low cost of the PAC compared to the enormous sums of money and the delays involved in the various judicial tribunals pointed up the need for proper investigative Oireachtas committees.
That was followed by the failed Abbeylara inquiry, however, which again cast into doubt their ability to inquire into issues of public interest.
While the Curtin case is unique in that it involves the Oireachtas exercising its power to impeach a judge under Article 35 of the Constitution for the first time, the fact that the select committee was vindicated so fully in the Supreme Court has restored confidence among politicians in their ability to act in complex and delicate cases.
One thing that does worry politicians is the timeframe involved in concluding the Curtin case. It first came to public attention in May 2002 when gardaí searched the judge's house. He was charged in November 2002 and acquitted on the direction of a judge on April 23rd, 2004.
The select committee to examine the case for impeaching Judge Curtin was set up by resolutions passed by the Houses of the Oireachtas on June 3rd, 2004.
It is now almost two years since the committee was created and it has only now been given the go-ahead to get into the substance of the investigation as to whether there are grounds for impeachment.
With a general election likely in April or May next year, the process will have to be concluded by then. It is clearly in the judge's interest to drag out the inquiry but it seems unlikely he could delay it for long enough.
Judge Curtin was appointed in November 2001 and served on the bench for less than six months by the time his house was raided. He has been paid his salary since then.
While it has taken a long time to get this far the rest of the process should be straightforward. The computer and other evidence will be produced to the committee, the judge can have his side of the story heard and then it will be up to the committee to make a recommendation to the Dáil.
If Judge Curtin is ultimately impeached he will be the first judge in Ireland to be removed from office since Sir Jonah Barrington was removed as a judge of the Irish Admiralty Court in 1828 for misappropriating court funds.
His case was examined by a select committee of the House of Commons and, after a full investigation, a report was made to the Commons and the House of Lords and he was voted out of office.
While the case was going on Barrington wrote a classic work, Personal Sketches of His Own Time, which is still in print.