Brian Hayes (Fine Gael)

What is the status of No. 25 on the Order Paper, a motion in the Leader's name calling for the removal of Judge Curtin from office? Since the establishment of the committee inquiring into the matter, I have made no public comment because I wanted the committee to do its work and to ensure its report would be made to all Members without prejudicial comment that might influence those of us who may have to come to a final determination on the report and its evidence. This has now been short-circuited by the judge's decision to resign from the Bench. I express my thanks and appreciation to the committee members who worked tirelessly, meticulously and painstakingly over the past two years to ensure the procedures they adopted were fair and above reproach.

There can be no satisfaction on this issue. It is clear under Article 35.4.1° of the Constitution that the Houses of the Oireachtas have the power to impeach a member of the Judiciary for stated misbehaviour. In light of this affair, we now need to put in place legislation to give effect to that constitutional right of the Oireachtas. We also need to put in place a judicial code of conduct to make abundantly clear the rights and responsibilities that apply to all members of the Bench.

The manner in which this matter has been handled is a matter of regret. In effect, we asked the members of the committee to do an impossible task. In hindsight, it is a task we should have done ourselves when the information was placed before both Houses.

I record my appreciation to those Members who did their work in such a diligent manner over the past two years. It is interesting that the judge, who was able to give clear instruction to his legal counsel over the past two years to take actions in the High and Supreme courts, has now decided to resign for medical reasons. Is the Government accepting that resignation and his decision to resign on medical grounds?

I move that No. 27, item 23, a Private Members' motion in the name of Senator Browne and others on the Leas Cross issue, is debated following the conclusion of No. 1 on the Order of Business. Some 18 months after this saga was brought to public attention by the "Prime Time" programme, firm guarantees on a dedicated inspectorate which would enter nursing homes to audit procedures and standards have not been honoured and a uniform policy has not yet been established. This House should debate the matter today. The question of whether the Minister for Health and Children will attend is of scant importance for me because all the Ministers responsible for this matter have been sitting on their hands for the past 18 months.