AG briefs opposition on impeachment process

THE joint Oireachtas Committee to be established for Judge Brian Curtin’s impeachment will be made up of between seven and nine members.

Attorney General Rory Brady yesterday gave opposition parties detailed briefings about the legal issues surrounding the impeachment process, during which he explained the rationale behind the Government’s approach in setting up a new committee that will hear all its evidence privately.

Government Chief Whip Mary Hanafin, who also attended the briefings yesterday, separately told the Irish Examiner that the composition of the committee would include TDs and senators from all parties and independent representatives.

“It will be smaller than a full Oireachtas committee, perhaps seven to nine people,” she said. “The AG briefed the opposition parties and independents from both Houses on the legal basis and issues.

“It will now be the Government’s task to formulate the motion, and oversee the procedures that will be put in place. There will be full co-operation with the opposition on this,” she said, adding that it was still the intention to place the motion before both the Dáil and Seanad on Tuesday.

Fine Gael justice spokesman Jim O’Keeffe met Mr Brady and his team for one-and-a-half hours yesterday morning.

“We raised our concerns on procedures, admissibility of evidence, privilege, the discovery of documents and the issue of whether the committee can compel the judge to attend before it,” he said.

“Now was the time to raise and convey our concerns. We in Fine Gael want to ensure that the procedure is going to be just and proper and there is going to be due process which affords fair procedures to the judge. We do not want it ending up in the Supreme Court.”

Labour justice spokesperson Joe Costello also described the briefing as detailed, in which the AG had clarified and elaborated on the view of the Government on the motion and how it best thought to proceed.

“I will be discussing the issue with my colleagues in the Labour Party and we will return to the AG with our response,” he said. However, there seemed to be a general consensus yesterday that because the course of action has never been taken before, the Oireachtas will be embarking on a procedure that could prove to be a legal minefield.

According to one senior political source, the Government has succeeded in protecting itself from any legal challenge on the grounds of due process and fair procedures. The source also believed that as long as it adhered with fair procedures, the Oireachtas would be within its rights to press ahead with the impeachment motion in the event that Judge Curtin did not agree to appear.

“Article 35 specifically gives the Oireachtas the power to remove a judge. The procedures envisage that the committee will hear evidence but make no findings of fact or recommendations. They will transfer the information to the Dáil and the Seanad which are the only institutions with constitutional authority to debate and pass the motion,” said the source.

“There’s a lot of emphasis on process and fairness. The Oireachtas is quite entitled to establish its own procedures and as long as they are adhered to, I think it will be difficult to challenge.

“At the same time, the whole area is beset with legal minefields,” the source added.