The Minister for the Marine, Dr Woods, indicated that the Government had strong reservations about amending legislation so that the two judges who had resigned in the Sheedy case could be called before a committee of the Oireachtas.

Dr Woods was replying to the Labour deputy leader, Mr Brendan Howlin, who said it was illegal at the moment to summon a former judge to a committee meeting under the Compellability of Witnesses Act. "Is it the Government's intention to amend the Act?"

The Minister, who was taking the Order of Business in the absence of the Taoiseach and the Tanaiste, said that no law made in the Dail could override the Constitution. "As has been stated very openly, we are in very uncharted waters here."

The Minister added that he found himself, probably unusually, on the side of the Labour TD Mr Pat Rabbitte, who had said on RTE radio earlier that he understood that Mr Hugh O'Flaherty had good grounds for refusing to appear before the committee.

The former judge was using the separation of powers under Article 35.2 of the Constitution and he would not favour introducing retrospective legislation as Mr O'Flaherty had been a respected judge of the Supreme Court.

Mr Ivan Yates (FG, Wexford) said that the committee had run into the sand and the Minister was happy to see it do so.

Dr Woods replied: "Above all people, the deputy should be clear that the separation of powers is one of the fundamental principles on which the State has developed. It has been upheld by successive governments."

The matter was first raised by the Fine Gael leader, Mr John Bruton, who asked the Minister if he would indicate the state of preparation of the special legislation being prepared for pensions for the two former judges.

He also asked what the Government's plans were relating to the indication by one former judge that he did not propose to co-operate with the committee to establish why decisions were taken by him in a matter of obvious public concern.

On the pensions, Dr Woods said that he believed a decision would be made fairly soon. He added that as the Minister who introduced the legislation guaranteeing and ensuring people in the private sector their pensions, he felt it particularly important that public servants also be entitled to their pensions.

Dr Woods said that the Oireachtas Committee on Justice, Equality and Women's Rights was currently considering the question of compellability.

"I understand that their legal adviser is considering the situation and that they will then report back to the House. The Attorney General is very anxious to give any assistance he can to the committee, consistent with his function as adviser to the Government on matters of law and legal opinion."

Mr Bruton asked the Minister to assure the House that in the preparation of the pensions' legislation for the two former judges, the need under the Constitution to treat other such cases in the public service similarly would be considered.

Dr Woods said that any Bill coming before the House would have the advice of the Attorney General, and the opposition members would be able to express their views on it.