Joe O'Toole (Independent)

Yesterday, I sought the Leader's advice on how she would deal with the question of impeachment were it to arise in the House. I look forward to receiving the Leader's advice on this matter and we should certainly have it by early next week. I am particularly concerned that we should have some way of approaching the issue of impeachment. The Leader should indicate the rules we will have to observe if we go through with it. The Constitution merely states that impeachment should be undertaken for "stated misbehaviour". This means that we are required to come to a conclusion on that matter, which means that we must have something in front of us. I am sure the Cathaoirleach would agree with me in this regard.

I promise I will not mention the actual case but I ask the Leader that, as regards any case with which we might have to deal, the pleadings and the book of evidence, which are with the DPP at this point, should be made available to every Member of both Houses who will have to reach a conclusion. We should also have the Garda Síochána report on the case in addition to the Government's position. There must also be some way to recognise the tenets of natural justice to the extent that the person involved would have an opportunity to make a case in his defence, although I am not sure how that would happen. I do not want a situation where the Government makes a decision on Monday and we are faced with having to do something about that three days later. In the last three days I have raised this in a way which is amenable to the Chair's ruling. I have not made and will not make any comment on the case. However, we must recognise our constitutional responsibility to come to a conclusion on this matter, if that arises, and we must have a basis for coming to that conclusion.

In any situation like this, it would be appalling if a whip were applied. In all such cases of impeachment there should be an absolutely free vote. This is not a party issue and people should come to a conclusion themselves by assessing the information they have in front of them.

Aspects of this matter were dealt with by the All-Party Committee on the Constitution, possibly in its fourth report, when it outlined how an impeachment might be dealt with. There may be issues involved which would require constitutional change and with which we cannot deal, but we could receive clear guidelines on other matters. We should keep all of that in mind before going further. I would also like to hear the views of the Cathaoirleach, sooner rather than later.

We recently dealt with the Personal Injuries Assessment Board Bill and Members on both sides were very concerned about issues such as presenting cases and the protection of people's rights. It has not received much publicity but the Human Rights Commission also dealt with this Bill, because it was referred to that body by the Law Society, which was opposed to the legislation. The Human Rights Commission has come down very firmly in favour of the Bill, stating that it is quite in order. The commission also raised a number of issues which were raised by Senators and it has also advised the PIAB that those matters should be looked at very carefully in the implementation of the Bill. Members' contributions were heard and there can be progress on this matter.