PROPOSED PARLIAMENTARY inquiries legislation, which will be unveiled today, will help avoid the problems and uncertainties that have beset the Oireachtas in the past when initiating proceedings to impeach a judge and also when making a determination on the conduct of a Senator in his claim for travel expenses.
In an unexpected development earlier this week, Minister for Public Expenditure and Reform Brendan Howlin said he was making provisions to include two new forms of Oireachtas inquiry in the legislation, the heads of which will be published today.
He said he would set up inquiries relating to the removal of certain office holders, including a president, and judges of the superior courts. He also disclosed that a new form of inquiry into the conduct of a member of the House.
As there are specific provisions in the Constitution that allow all those forms of inquiry, the Oireachtas has inherent powers to conduct such inquiries. That means that the Supreme Court decision in the Abbeylara case does not apply to these forms of inquiry and they can make findings and determinations, including the removal of judges and presidents, as well as disciplinary measures against TDs and Senators.
The Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2012 will give a statutory basis to inquiries based on these Constitutional provisions.
The Bill will give the Oireachtas, not the Government, exclusive rights to initiate inquiries. That will be through a “gateway mechanism” where the Ceann Comhairle will consult the Committee on Procedure and Privileges and evaluate proposals for an inquiry.
The language of the Bill will ensure strict observation of fair procedures and will also make provision to ensure the avoidance of any perception of bias. That was a major concern in the Abbeylara case.
When the Oireachtas decided to initiate impeachment proceedings against former Circuit Court judge Brian Curtin (who was acquitted in the courts having faced charges of viewing child pornography), there was no legislation in place that set out the proceedings that were to be followed by the Oireachtas.
After receiving extensive legal advice, the Oireachtas decided two motions would be proposed in both Dáil and Seanad.
The first was a motion calling for the removal of Mr Curtin from office pursuant to article 35.4.1 of the Constitution on grounds of stated misbehaviour.
The second motion established a joint committee to investigate and receive evidence in the case. The committee would essentially gather and record the evidence but would not “make any findings of fact or recommendations or express any opinions”.
The first motion was adjourned pending the report of the committee. In the event Mr Curtin resigned before the process was complete. However, the Supreme Court subsequently expressed approval for the procedure adopted.
