The Government cannot be "pre-emptive" in introducing judicial conduct legislation while the Oireachtas is contemplating whether grounds exist for the termination of a judge's appointment, Minister for Finance Brian Cowen told the Dáil.
He was defending the delay in introducing legislation governing the behaviour of the judiciary, which was promised for enactment in 2004 but is not now expected to be published until 2007.
Draft heads of the legislation are being prepared in the Department of Justice, said Mr Cowen.
"It is also fair to say that there has been a continuing legal challenge and a jurisprudence has developed as a result of the situation regarding Judge [Brian] Curtin which has been playing through the courts in various guises through the various applications that have been made to the courts."
The Minister said that it "is not a simple issue but that is not to say it is one on which there has been undue prevarication. Much careful consideration has been given to this question. The fact that there is a case before us does and has to influence how we try to proceed in a way that does not appear to be pre-emptive."
He added that it would be "most imprudent to proceed without taking into account the developing jurisprudence that is emerging as a result of that rare situation where it is being contemplated by the Oireachtas that there may be grounds for the termination of the judge's appointment".
Labour leader Pat Rabbitte, who raised the issue, said: "I do not think anybody inside this House or outside it reading this morning's newspapers or listening to the news headlines can be in any doubt about the real urgency that attaches to this Bill."
He was referring to the decision by the Oireachtas committee investigating Judge Curtin's suitability for office that the State would pay his costs, estimated at €1 million.
Judge Curtin was acquitted in April 2004 of the possession of child pornography after it emerged that the warrant under which his computer had been seized, was out of date.
Mr Rabbitte said that while "by all means we should have an eye to the emerging jurisprudence but a Bill promised to be enacted in 2004 is now promised only for publication in 2007".
The Labour leader said the Judicial Conduct and Ethics Bill was first promised in 2001.
In the Government's legislative programme for 2003, the Taoiseach promised it would be enacted in 2004, but "six years later all that has changed is the name. It is now called the Judicial Council Bill."
Mr Cowen said that considered contributions had been made to the policy formulation process and the Oireachtas committee on the Constitution "has been charged with the difficult task of trying to deal with this situation that has arisen in a specific case.
"We are all mindful of the fact that we have to tread very carefully to make sure that constitutional rights are upheld and that fair procedures are respected."
