The Dáil and Seanad yesterday formally passed a motion establishing an Oireachtas committee of four TDs and three senators to inquire into the conduct of Judge Brian Curtin of the Circuit Court.
The Government chief whip, Ms Mary Hanafin, stressed in the Dáil that the inquiry was not a trial and the committee was not a jury.
Earlier the Minister for Agriculture, Mr Walsh, told the Dáil it was the Government's "strong" legal advice that court proceedings by Judge Brian Curtin against the Government, the Attorney General, the Garda Commissioner and the Director of Public Prosecutions posed "no impediment" to the committee's establishment.
Reading part of Judge Curtin's plenary summons and statement of claim, Mr Walsh, standing in for the Taoiseach, said that neither the Dáil nor the Seanad were defendants in the proceedings in which the judge claims damages for trespass and unlawful interference with his constitutional rights.
He is also seeking a declaration that the removal of computer and other materials from his house was done so illegally and against his constitutional rights, and because the removal was declared inadmissible the material should not be used in any other process or inquiry or handed on to any third party.
The committee will inquire into the conduct of the judge, who was acquitted on charges related to child pornography, when it emerged that a search warrant for his home was out of date.
Chaired by the Fianna Fáil TD for Cork South West, Mr Denis O'Donovan, the committee will meet for the first time on Tuesday.
The other TDs are Fine Gael's justice spokesman, Mr Jim O'Keeffe, Labour's Justice spokesman, Mr Joe Costello, and the Mayo Independent TD, Dr Jerry Cowley.
Senators Geraldine Feeney (FF), John Dardis (PD) and Michael Finucane (FG) are also members of the committee, which will be able to seek evidence, compel witnesses to attend and produce a report for the Oireachtas.
It will have its own legal advice and no time limit will be placed on its workings.
It will also have the power to accept necessary written submissions, to engage the services of persons with specialist knowledge, to travel where necessary and to send for persons, papers and records.
Sinn Féin's justice spokesman, Mr Aengus O Snodaigh said that with seven TDs and five senators "this would result in the magical number of 12" and would "allow for all strands of political opinion to be represented on the committee and allow it to do its work in the fullest possible way".
But Ms Hanafin stressed that the committee was not a jury. It would exist to receive information and evidence, to record it and to report back to the Oireachtas.
To ensure it was a non-partisan, non-political process the Government parties would have just one member, and the Labour Party, Fine Gael and the Technical Group, which comprised practically all other members of this House, would each also have one member.
Fine Gael's justice spokesman, Mr Jim O'Keeffe, said the "twin pillars" of his party's approach were that "we must ensure there is confidence in the judiciary and fair process for Judge Curtin".
He added that to a large extent the Oireachtas "must accept in good faith that the rushed process put in place by Government will stand up to judicial scrutiny".
Mr Joe Costello, said it was "extremely important that the procedures now being put in place are operated in a fair and impartial manner and that every opportunity is given to Judge Curtin to put his case and to get a proper hearing".
The Green Party spokesman, Mr Ciaran Cuffe, said that as part of the wider process there was a need to address the issue of depoliticising the appointment of the judiciary and a need to have a strong system for the training, the education, the further education and the reprimanding of the judiciary.
