Pat Rabbitte (Dublin South West, Labour)

On the last point, given that the judge in question when a practising barrister had political affiliations is the Taoiseach saying no representations were made concerning his appointment to the Bench? Had the investigation been completed at the time of his appointment to the Bench and was certain information in the possession of the prosecutorial authorities at that time? Is the Taoiseach saying to the House, given that the Bar Library is a particularly incestuous place, that no information was communicated to Government about what might be considered inappropriate behaviour for a prospective member of the Bench or that the Government ought to have known?

I refer to the Taoiseach's statement on 27 April when he said that removal from office is the only option where there is stated misbehaviour. He said: "There are no alternatives. Moreover, monetary compensation simply does not arise. There is no provision for this and no justification for it on such removal." Can the Taoiseach dismiss the remarks of the Minister for Justice, Equality and Law Reform, Deputy McDowell, in Kerry to the effect that he would not rule out a negotiated monetary settlement? Can the Taoiseach dismiss that as simply saying he was taken out of context? How could he be taken out of context on something as particular and specific as this? What the Minister said was that he would not rule out such a settlement. Is it fair for the Taoiseach to hope to enlist the support of the Opposition parties to co-operate in a process down which road we have not gone before if, in fact, it is the intention that a settlement can be negotiated after 11 June 2004? Which route is the Government taking? Is the Minister for Justice, Equality and Law Reform correct when he states he does not rule out a settlement or is the Government firmly minded to bring the motion before the House and see this process through to the end? It is unfair to hope to enlist the support of the Oireachtas as a bargaining chip in negotiations that may be contemplated by the Government.

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