Bertie Ahern (Dublin Central, Fianna Fail)

The Deputy has asked a number of questions. Given the constitutional power of the Oireachtas, the Government will make available all information and advice given to us. Over the past three to four weeks the Attorney General has done a substantial amount of work on this and, obviously, as it moves into the area of the constitutional position of the House, we would make our information available and the advice of the Attorney General to meetings or whatever. I assume it would be a Government motion. Others could join in that but, in the preparation of it and to fulfil Article 35.4, the advice we have received is that we should consult on that, and we would do that forthwith.

There have been precedents for this on two different occasions in the 19th century. The committee would be structured as the Deputy said. It would be a joint committee to investigate, in the light of Article 35.4, the terms of the motion and certain matters of public concern regarding Judge Curtin's conduct. It would draw evidence, as the Deputy said, and then report. It would not draw a conclusion. The conclusion would be a matter for the House. The committee would report on the evidence.

On the issue of the compellability of the judge, he is not compellable if he wishes not to be, but witnesses to produce the evidence are compellable. The reports to the Director of Public Prosecutions and the Garda Commissioner and the other relevant letters would be made available to the committee along with any other information we have.

On the question of whether lawyers would be available to the committee under the Haughey procedures, the answer to that is yes. The committee would be in camera. That is what distinguishes it from the other cases to which the Deputy referred. Our advice is not the same as that on Abbeylara but, in so far as there are any similarities, they can be dealt with on that basis.

We would hope to move as quickly as possible on the consultation. I accept there are legal issues. We spent four weeks——

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