Jim Walsh (Fianna Fail)

I join Senator Brian Hayes in welcoming the Minister of State. Deputy Hanafin's family has a long and distinguished connection with the Seanad. I also welcome the introduction of this Bill.

The purpose of the Bill is to assist any process initiated with regard to the constitutional or legislative issues which arise under Article 35.4. As Senator Hayes has pointed out, that process needs to be fair. The Bill seeks to ensure there is a legislative framework for the unprecedented step on which the Houses may embark.

Confidence in the Legislature and the Judiciary is fundamental to any democratic society. Senator Brian Hayes referred to the fact that following a controversy regarding a judge of the High Court, a Bill was published which outlined a way in which matters in this area could be dealt with in the future. It is my recollection that there was general agreement in committees of the Oireachtas regarding that legislation but that opposition was raised to it subsequently in the other House. This may have led to the Bill not being pursued and processed. With this type of legislation it is important that the groupings in the House come to a consensus to ensure there is broad support in both Houses for the measures to be put in place. Such consensus generates the necessary confidence in any system to be set up.

I have always felt the need for some form of arrangement which safeguards the independence of the Judiciary but retains elements of accountability which can be processed. That is not the case at present. People on all sides of the House had considerable sympathy for the judge in the case mentioned by Senator Brian Hayes. It was felt the matter needed to be processed in a way which might not, necessarily, have led to the loss of the judge to the Bench.

The principle of separation of powers is absolutely essential. The Executive cannot have any connection with or influence over the processing of cases by the Judiciary. At a recent Garda conference complaints were made regarding certain judges who, perhaps in an abuse of their position on the Bench, have been critical of gardaí, solicitors and witnesses. While we all have mornings when we get out of the wrong side of the bed and say things we may regret, if the legal system is to have public confidence there must be accountability. Some form of independent commission, removed from the Executive and perhaps including retired members of the Judiciary, could pursue such instances and call such judges to order. We must have safeguards to ensure people who are in privileged positions do not abuse that privilege. This is particularly important in a republic. There ought to be a procedure for dealing with that. There is such a provision to deal with serious issues which arise in the case of judges of the District Court but the same is not the case for other judges. Perhaps this proposal could be examined. The Bill to which Senator Brian Hayes referred could be reactivated and a system, which would be independent of the Oireachtas, could be put in place to process such issues. The Houses might then act on foot of recommendations from that commission if the ultimate step has to be taken.

Given that motions are to come before the Oireachtas, a legislative framework must be put in place to facilitate committees in operating effectively. Any assistance to be given to committees should be clearly set out in legislation so they can function effectively. It would be regrettable if a course of action embarked upon by either House subsequently had to be abandoned because the necessary legislation was not in place.

For that reason, I welcome the Bill. I hope it will assist a committee in dealing with whatever or whoever is brought before it in the future. The steps being proposed have serious consequences for all concerned. We must have a system by which issues of this nature can be pursued and regulated. It is in the interest of maintaining public confidence in the Oireachtas and in the Judiciary that this be done. I welcome the Bill which will give any such committees established the powers of compellability to direct witnesses or judges to attend, give evidence and to produce any documents it considers necessary. The framework we are putting in place — I am sure Senator O'Toole will make this point — is strong in terms of constitutional issues in that the House must take ownership and responsibility for the process. That, presumably, is the manner in which issues will proceed. Notwithstanding that, it is essential we put in place whatever legal framework is required to assist that process so it is not inhibited or aborted at a future stage.