John Dardis (Progressive Democrats)

On behalf of its members, I thank Senators for recognising the work of the Joint Committee on Article 35.4.1° of the Constitution and Section 39 of the Courts of Justice Act 1924. I note in particular the contribution of the Chairman, Deputy O'Donovan. It is a tribute to him that we were so successful in arriving at a point where we were about to hear the evidence. I also thank Dr. Gerard Hogan, counsel to the committee, the legal team and the secretariat.

Certain lessons have been learnt. As I understand it, the judge's resignation is irrevocable and was made on the basis of stated incapacity to serve rather than misbehaviour, which was what the committee was investigating. Given that Mr. Curtin is no longer a judge, the work of the sub-committee has come to an end. However, it has prepared a report and I expect this will be laid before the Houses. There is a resolution on the Order Paper, which remains current. I am sure the Leader will deal with it and that the House will dispose of it later.

There is probably some merit in examining Standing Orders and how they relate to matters of this nature. The Houses were vindicated in respect of the way the motions were drawn up, Standing Orders amended, etc. However, perhaps there might be merit in the Committee of Procedure and Privileges reviewing Standing Orders in the context of the narrow issue of impeachment. The Chairman of the sub-committee of which I am a member has requested that a judicial council be established as a matter of urgency. In other words, there should be an independent way of dealing with behaviour, etc. which falls short of the required standard. I understand the relevant legislation is in an advanced state of preparation and that consultation is taking place with the Judiciary in respect of it. I hope the legislation will be brought before the Houses in the near future. As Senator Feeney stated, we are in a much better position and if these unfortunate events were to recur, we would be able to deal with them in a far more expeditious manner. It is worth recalling that we spent in the region of 16 months in the courts and this hindered the work of the committee to a significant degree.