Bertie Ahern (Dublin Central, Fianna Fail)

The heads of the judicial conduct Bill are currently being drafted. The House will consider a motion in the context of Article 35.4 of the Constitution.

Because of the nature of this process it is of fundamental importance that those Members who may be called to vote on a resolution for removal must keep an open mind on the issues that are brought before them. Each Member must make an independent assessment of all matters including such information that may be relied upon by Judge Curtin. As the House is aware from my statement of three weeks ago, a letter was sent by the Secretary to the Government to Judge Curtin. That letter presented an opportunity to the judge to explain and address the apparent circumstances of access to and downloading of child pornography from a website. The purpose of forwarding that letter was to enable Judge Curtin to provide explanations and comment upon these apparent circumstances which were not connected with any exercise of judicial functions in order that the Government would then be in a position to make a fair and objective assessment on whether grounds existed for bringing a resolution for his removal under Article 35.4 of the Constitution.

In that initial letter, Judge Curtin was given a period of seven days to reply. He sought a two week extension to reply through a solicitor and the Government acceded to that request. The secretary to the Government received a response from Judge Curtin's solicitors. They asserted that it would not be constitutionally appropriate for him to answer questions asked by or on behalf of the Government or to give an explanation to the Government in circumstances where it is clearly contemplating a process to remove him from office. In fairness to Judge Curtin, his solicitors stated that should the Oireachtas, the body that disposes of resolutions under Article 35.4, make requirements of the judge he will respond appropriately. Judge Curtin has not availed of the opportunity to provide an explanation and commentary to the Government as requested of him on the matters covered in the Government's first letter to him. The letter that granted him a two week extension of time made it clear that such an extension was to enable him to provide a comprehensive response to the Government. The Government had already determined that if a satisfactory response was not received from Judge Curtin, the matter would be referred to in the Oireachtas. The correspondence with Judge Curtin and his solicitor will be available to the Members of this House and the Seanad in due course. I have made it clear that there will be no sweetheart deals. Compensation for loss of office does not apply to the removal of a judge for stated misbehaviour.

The solemn process provided for in Article 35.4 of the Constitution is of fundamental constitutional importance. Neither the timing of nor the procedures inherent in that process will be dictated by any consideration other than fair procedures. There will be no place in this process for partisan party political interests. I have no doubt that the procedures required to ensure due process will be followed. That is an obligation on this House and on the Seanad and is one that will be pursued in an orderly manner.

I wish to reply to Deputy Rabbitte on the deliberations of the Cabinet this morning. A detailed motion will now be drafted for consideration by this House and the Seanad. It is envisaged that the motion will, among other things, invite the House to resolve to establish a joint committee to investigate, in the light of Article 35.4 of the Constitution matters of public concern regarding the conduct of Judge Curtin. Second, it will require that all steps required be taken to confer powers of compellability provided for by the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997. Third, it will establish that the role of the joint committee will be to receive and record such evidence by way of video, transcripts and exhibits, and transmit it to the Houses of the Oireachtas by way of report for their consideration; that the joint committee will accord all fair procedures and constitutional rights and due process to Judge Curtin; that the report of the joint committee will record the evidence adduced to the committee hearing but will not make findings of fact or make recommendations. Fourth, it will recommend taking measures to ensure due process for Judge Curtin. They will be the steps taken about which Deputy Rabbitte asked. There will also be a consultation with Opposition parties on a proposed motion and any other procedural steps arising from its content. I anticipate that the motion will be placed before the House not later than next Tuesday if we can come to an understanding on that.

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