Seanad debates

Wednesday, 19 May 2004

10:30 am

Photo of Brian HayesBrian Hayes (Fine Gael)

I am surprised the Leader has not provided time this morning for statements on the Taoiseach's statement yesterday in the Dáil on his proposal to establish a committee of both Houses of the Oireachtas to look into the Judge Curtin matter. My understanding is that to date, no Senator or group of Senators has been directly informed by the Government on this matter. I am aware a meeting between the Attorney General and a group of Deputies is taking place this morning. I am not aware of any Senator being at that meeting.

How does the Government propose to advance this issue because if one reads Article 35.4 of the Constitution, it is clear that the impeachment of a judge requires a resolution of both Houses of the Oireachtas? Will the Leader consider looking at Article 8 of the Constitution which provides that this or the other House could meet in private session to discuss this issue? If this matter comes before both Houses of the Oireachtas, it is vitally important that Senators are equally informed of the proceedings, know exactly what is going on and that this is wrestled away from the leaders of the political parties. I make that point about the leaders of all our parties because in our Constitution no special privileged position is given to political parties. As the Leader is aware, we are only groups in this House. If, under Article 35.4, this matter comes to the attention of the House, we must act as individual Members of the Oireachtas.

It is vitally important for the dignity of this House and its constitutional position that clarity is brought to this matter. To date, we have seen comments made by Deputies but no comments made by Senators on how to proceed. If a committee is to be established, will Senators be on it? I make these remarks only to ensure that the constitutional obligations of this House will be met if such a resolution is put. I ask the Leader to make a statement today on that matter.

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