Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

In fact, the later speakers from Sinn Féin are correct. It is not a motion of confidence. It simply seeks to express the view of the Dáil. My colleague, Deputy O'Callagan, has quite rightly outlined the legal procedures set down by law. He has given recent examples of where the legal procedures were clearly not followed, which we all criticised. He also gave the example of Commissioner Garvey in the 1970s. There was no motion of confidence by the Fianna Fáil Party in opposition before it took power in 1977, but there was certainly severe dissatisfaction with that particular Commissioner at the time. That Commissioner himself took a court action and the issue of fair procedures was central to it.

There is also a level of confusion in respect of the function of the Dáil. It is understandable, because up to now we have had a Dáil that was completely dominated by the Executive. In theory, and now in practice, we have three parts of Government. Each part of the Government must know its own job and do it properly. The Government must do its job in the context of its executive function and the Dáil must do its job of holding the Government to account, legislating and making laws. That is the job laid down for the Dáil in the Constitution. That obviously has the effect that if there is dissatisfaction with the Garda Commissioner, that must land at the feet of the Tánaiste and Minister for Justice and Equality in this House, and she must then accept the consequences.

The Dáil can only remove a certain people from office. It can remove a Minister, a Taoiseach or a Government with a motion of confidence and no reasons have to be given, but there are procedures laid down in the Constitution with respect to the removal of judges from office. We have the power to remove judges from office. We cannot, however, just come in with a motion like this. There must be motions passed in Dáil Éireann and Seanad Éireann calling for the removal of a judge from office for stated reasons or for incapacity. That is specifically laid down as something we can do.

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