Legislation to allow pensions to be paid to the two former judges and former registrar in the Sheedy controversy passed all stages in the Dail last night and was accepted by 70 votes to 62.

The Courts (Supplemental Provisions) (Amendment) Bill allows for an annual pension of £40,000 to be paid to the former Supreme Court judge, Mr Hugh O'Flaherty. In addition, £30,000 a year will be paid to former High Court judge Mr Cyril Kelly and £15,000 annually to Mr Michael Quinlan, the former County registrar.

The Minister of State for Health, Mr Frank Fahey, reiterated the statement by the Minister for Justice, Mr O'Donoghue, that it would be unconstitutional to oblige the judges to make themselves available to answer questions before they received their pensions.

The judges and the county registrar resigned amid controversy over the release from prison of Philip Sheedy. He was released when three years of his four-year sentence was suspended. He was convicted of dangerous driving causing the death of Ms Anne Ryan and of drunk driving.

Fine Gael's justice spokesman, Mr Jim Higgins, said there were too many unanswered questions and "until such time as these questions are explored and fully determined, this House should not vote on the proposal to give the three gentlemen in question pensions". Labour's spokeswoman on Equality and Law Reform, Ms Jan O`Sullivan, said it was scandalous the Government was prepared to cast aside the principles of openness, transparency and accountability to "bring down the shutters on the Sheedy case".