An EU report which assesses Ireland's performance in protecting fundamental rights has expressed concern at the manner in which the Oireachtas is seeking to remove Judge Brian Curtin from office.
The findings are contained in a national report seen by The Irish Times which has been sent to the EU Network of Independent Experts on Fundamental Rights. The network monitors the protection of rights in all member-states.
The report says: "There are concerns that, in the absence of detailed and explicit provisions for the removal of a judge from judicial office, in the immediate case involving Judge Brian Curtin insufficient regard may be paid to the due process entitlements of a person (who is) the subject of such a procedure."
The work of an Oireachtas committee which is investigating alleged misbehaviour by the judge has been on hold pending the outcome of High Court proceedings taken by Judge Curtin.
Judge Curtin, who was charged and later acquitted of downloading child pornography from the internet, says the Oireachtas is acting unlawfully and unconstitutionally.
The report also says there is a need for legislation or a constitutional amendment to deal with problems of judicial misconduct.
The report, submitted for preparation of an EU-wide report on rights to be published shortly, is also concerned at:
the length of time non-nationals awaiting deportation are being detained in Cloverhill prison, as well as the policy of detaining this category of people with mixed groups of prisoners whose ages, offences and remand statuses differ substantially;
the Government's decision to relocate Mountjoy Jail to the outskirts of the city which, it says, will "add considerably to the difficulties encountered by their families in exercising visitation rights";
the decision to extend pre-trial detention by a further 12 hours in the Criminal Justice Bill, during which time detainees are not entitled to have a lawyer present during questioning;
the practice of admitting children to adult psychiatric units despite an acknowledgement by the Department of Health that they are inappropriate settings;
the exemption of non-nationals from the provisions of the Equality Act, which gives rise to "significant inequality" for migrant workers in particular.
The study, A Report on the Situation of Fundamental Rights in Ireland in 2004, authored by Donncha O'Connell, a lecturer in law at NUI Galway, and researched by Simon McCormack, also contains positive findings.
It welcomes the appointment of the first Ombudsman for Children; enhanced transparency in the system of determining asylum applications; and applications for rights of residency to be assessed on a case-by-case basis.
Despite the exemption for non-nationals, the report welcomes other provisions in the Equality Act, along with Government initiatives in the area of social inclusion, back to education, employment and anti-racism.
The EU Network of Independent Experts on Fundamental Rights was established in 2002. Each year it produces a report on how rights are safeguarded.
