Text read into Dáil record.
The following is the contents of the letter read by the Taoiseach into the Dáil record. It was dated May 31st and was sent by Pierse & Fitzgibbon, solicitors to Judge Brian Curtin.
Re: His Honour, Judge Brian Curtin
I refer to our correspondence.
Having considered the proposals put forward by the Government to provide for the impeachment process against our client, we have to state unambiguously that we regard the proposals as constitutionally flawed and inherently unfair.
Firstly it appears to us that there is absolutely no constitutional basis for the committee structure proposed by the Government.
Having considered this matter and taking advice in respect thereof, we submit that the proper constitutional mandated process for the impeachment of our client must consist of full hearings before the Houses of the Oireachtas.
Further, in our opinion, Judge Curtin is entitled to a trial before both Houses of the Oireachtas as this constitutional function of both Houses of the Oireachtas cannot be delegated to any committee or other body.
Judge Curtin is entitled to fair process. This comprises inter alia of giving him factual allegations of wrongdoing against him, giving admissible evidence in support thereof before each House of the Oireachtas, giving Judge Curtin the consequential entitlement to challenge same by cross-examination and giving Judge Curtin the right to make submissions to his counsel so that he may defend himself before both Houses of the Oireachtas.
The submission and the advice received is grounded and supported by constitutional and historical precedent.
We respectfully ask you to confirm by return that this letter will be made available to each member of Dáil Éireann in advance of the House proceeding in the case.