Legislation paving the way for the removal of Circuit Court Judge Brian Curtin has passed through the Dáil and Seanad.
One piece of legislation will compel Judge Curtin to appear before an Oireachtas committee following his acquittal on charges of possession of child pornography. The other piece of legislation allows members of the committee to view relevant pornographic material.
During a debate on the issue in the Dail today, it emerged that evidence against Judge Curtin, which was disallowed during his trial, may be admissible as evidence before the committee. The trial collapsed after it emerged last month that gardai searched the judge's house with an out-of-date search warrant.
Government Chief Whip, Ms Mary Hanafin, outlined the proposal today, saying legislation would compel any judge to provide evidence or other documents requested by the committee.
But she said the Bill was deliberately "narrow and specific" to Article 35.4 of the Constitution, which provides for the removal of judges from their position. "The independence of the judiciary is in no way compromised by the measure," she said.
The committee will also have the power to compel any witness and request any evidence and documentation it deems relevant to its deliberations, under the proposed law.
Fine Gael justice spokesman Mr Jim O'Keeffe said his party would support the Bill but with reservations and suggested many important questions would need to be answered.
Among his concerns was the effect the legislation would have on a witness's right to silence for fear of self-incrimination.
He reflected the concern of many deputies who spoke during this morning's debate, when he complained of the "unseemly haste" in passing the Bill.
Mr O'Keefe criticised the Government's handling of the Judge Curtin issue, which he said had led to rushed legislation. "The Government is lurching from side to side and we have legislation on the hoof as a consequence."
Ms Hanafin conceded that the legislation was being proposed in the context of an issue "that has given rise to public disquiet" but therefore the need to address public confidence in the judiciary was pressing.
Labour's Mr Joe Costello was concerned about those exempted or not covered by the Bill.
Judges of the Special Criminal Court are the only judges not covered by the legislation while the Attorney General and the Director of Public Prosecutions are exempted. He suggested these issues should be addressed in the Bill.
Ms Hanafin said the AG and DPP were not judges and therefore legislation was not relevant to them, while the judges of the Special Criminal Court could be compelled in their capactiy as High Court judges.
The Government will next week move to set up the seven-person Oireachtas committee to hold private hearings into Judge Curtin's case.