Seanad debates

Thursday, 27 May 2004

Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Bill 2004: Committee and Remaining Stages.

 

4:00 am

Derek McDowell (Labour)

I am concerned at the Minister of State's response. I am sure it is in conformity with the Act but I am still a little worried. This is not a criminal trial but it is a process, which may result in the removal of a judge from office with significant implications in terms of his or her reputation and livelihood. A young fellow who appears before the District Court having been accused of robbing a bar a chocolate is entitled to say, "You lads go away and prove I did this." We are saying if a judge is brought before a committee, it is entitled to ask him whether he did something that may be tantamount to a criminal offence and is also entitled to an answer from him or her. Perhaps we are entitled to do that but that is a substantial presumption about which we need to be sure before we go down that road. We are saying we are entitled to ask the judge whether he or she committed a criminal offence and he or she is obliged to answer truthfully, failing which he or she would be guilty of a criminal offence in any event such as perjury or contempt.

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