It remains to be seen whether Curtin will go quietly

DRAPIER: Mindful of the separation of powers, Drapier gets a queasy feeling when judges and their misconduct come up for Dáil…

DRAPIER: Mindful of the separation of powers, Drapier gets a queasy feeling when judges and their misconduct come up for Dáil discussion.

Ghosts of the Sheedy affair came back to haunt the House this week in the spectacular collapse of the prosecution of Judge Brian Curtin.

Now the Government must grapple with what to do with a judge who has been charged - but not convicted - of serious offences. Major questions arise as to why this prosecution went ahead when the DPP was fully aware of the defective warrant which rendered any evidence seized inadmissible. Deputies were warned to button up, given they might have to vote at a later stage to remove the judge.

But if the evidence against the judge was inadmissible for purposes of the prosecution, how can it be grounds for removal? The Taoiseach was uncharacteristically adamant that no compensation would be forthcoming if the judge resigned. Never a man to miss an opportunity to kick an underdog, Cork deputy Noel O'Flynn broke ranks and called for Curtin's resignation. In the Sheedy affair, judges fell on their swords, sparing the Government's blushes and avoiding an Oireachtas vote scenario. It remains to be seen whether the judge in this case will go quietly.

READ MORE

r r r r

The outcome of the "Colombia Three" trial was a surprise to many but a welcome boost to the ailing peace process. A conviction on charges of training terrorists would have been a setback in the task of sanitising Sinn Féin for government with the DUP.

In the cold war between the Government and Sinn Féin over paramilitary links, Drapier noticed a certain thawing this week. The recent surprise remarks of former minister Liz O'Donnell calling for a different approach were echoed by vice-chair of the Northern Ireland Policing Board, Denis Bradley.

On Wednesday Labour Leader Pat Rabbitte mischievously pressed the Taoiseach as to whether he agreed with O'Donnell's view that a focus on policing might be more productive than droning on to Sinn Féin about criminality. The Taoiseach conceded he would be happy to get away from the "long-playing record", and that participation by Sinn Féin in policing would be a welcome move away from paramilitarism. Bradley's additional charge, however, that party politics was being put above the peace process for electoral purposes hurt the Taoiseach to the quick. But there was a germ of truth in it. To the dismay of many, Sinn Féin is hoovering up votes - with or without the guns - and Fianna Fáil doesn't like it.

In retrospect, O'Donnell's controversial intervention, while deeply unpopular in her own party, touched a nerve. The result was a noticeable shift away from blanket condemnation of Sinn Féin by Ahern and Cowen towards a focused re-engagement with Adams and Co and, significantly, with the DUP by the week's end.

r r r r

Following initial rowdy Dáil scenes when the Referendum Bill on Citizenship was introduced, deputies were braced for round two with the easily goaded Justice Minister. Committee Stage was a chance to tease out the detail with Michael McDowell.

As it happened, he was on Euro business in Luxembourg and opponents had to be satisfied with Junior Minister Brian Lenihan, whose calm demeanour completely defused the situation. His lawyerly expertise and impeccable manners were impressive.

In an ideal world, the young Minister ought to feature in the next Cabinet reshuffle. But in this game, talent can often be a reason for suppression . . .

McDowell was back in full flight in the Senate on Friday for the Bill. As usual the debate was less acrimonious than in the Dáil. Senator John Minihan spoke about the requirements of fidelity attaching to citizenship making the point that we should neither sell it, as in the past for investment, nor give it away freely to those with no connections or loyalty to the State.

In Drapier's view, the referendum will be easily carried since most people accept it is a modest proposal to close a loophole which was open to abuse. Sadly, but perhaps inevitably, the race issue has surfaced in the debate and tempers were inflamed.

The unfortunate focus by the Government on pregnant women as "citizen tourists" has resulted in an unnecessary targeting of an identifiable group and even nationality.

On the doorsteps and in the pubs, one finds support for the referendum but often for base motives and just plain xenophobia. However, it's early days and hopefully the vitriol and scapegoating will diminish over the coming weeks.

r r r r

The surprise defection of Fianna Fáil senator Michael Brennan to the PDs is a source of much hand-wringing for Fianna Fáil, as he is generally recognised as a good catch and a potential Dáil seat in West Limerick.

r r r r

With local and Euro elections in six weeks' time, Bertie is taking no chances on the Beverley issue. Privately, most deputies are sympathetic to her plight and in awe of her grace under pressure. There are lessons here for public figures and libel actions. Don't go there.

It's ironic that she faces expulsion from her party and financial ruin, not because she has been found guilty of any offence as a deputy or as a banker, but because she lost a libel action. There will be standing room only at the parliamentary party meeting next week.

The Taoiseach's belt and braces approach might be misguided in terms of fair procedures. Having been mugged first in the media and then in the courts, a Fianna Fáil Parliamentary Party meeting holds no terror for the warrior princess. Bertie might be surprised at the level of support for her in and outside the House.