The Bill to allow members of the Oireachtas committee reviewing the Judge Brian Curtin controversy view child pornography was passed without a division, despite strong opposition reservations.
The Fine Gael spokesman on justice, Mr Jim O'Keeffe, said that the legislation had not even been mentioned until last evening as being part of the process being put in place relating to the Judge Curtin controversy.
"I had a full meeting with the Attorney General last week and this legislation was not mentioned. I had a full meeting with the Minister for Justice, Equality and Law Reform on Tuesday night last and it was not mentioned. The first I heard about this proposal was at 5 p.m. yesterday. This is no way to deal with legislation and it is a recipe for making bad legislation." Warning that the process was a recipe for difficulty and possible failure, Mr O'Keeffe said: "If such an eventuality comes to pass, it will be the sole responsibility of the Government which has been utterly incompetent in dealing with this issues in general and which is guilty of the most gross 'ad hockery' regarding the way in which the legislation is being dealt with." Other opposition deputies expressed similar views.
The Minister of State for Justice, Equality and Law Reform, Mr Brian Lenihan, said the speed with which the matter was being dealt with was entirely connected with the fact that another step was imminent concerning a matter about which the Government had been in correspondence with a judge of the Circuit Court.
"The Attorney General has advised the Government that this measure is essential if the Oireachtas is to be in a position to exercise properly its functions and powers under constitutional and statute law. That is the reason for the rush."
Introducing the Child Trafficking and Pornography (Amendment) Bill 2004, Mr Lenihan said that under the current law, no exemption extended to members of the Oireachtas who might come into possession of child pornography as a consequence of carrying out their proper functions. The Bill, said Mr Lenihan, would permit members of the Oireachtas, together with any appropriate officials and advisers, to carry out their appropriate functions in a circumstances where issues relating to child pornography might be involved.
Mr Ciarán Cuffe (Green Party, Dún Laoghaire) said he was not sure that members of the Oireachtas should view the material mentioned in the legislation.
"I wonder if we could allow such viewing to be done by a third party, such as an expert witness who has an educational background with suitable qualifications that enable him or her to comment on such material."
Mr Lenihan said that the people had elected members of the House to do a job and had provided in the Constitution that they were the people who must make those particular decisions.
The Labour spokesman on justice, Mr Joe Costello, asked if material, inadmissible in a court of law, could be deemed admissible in an Oireachtas hearing.
Mr Lenihan said it was a matter for the relevant committee, in the first instance, and guided as they please by their legal advisers, to make a determination on the issue.
Mr Finian McGrath (Independent, Dublin North Central) said that judges should be appointed on "merit, ability and integrity, not because one hangs out in the right political circles or supports the right political party."
