The Labour Party has opposed this Bill during its passage through the Dáil and Seanad. We do not begrudge the former judges their rather generous pensions. However, a very serious case underlies this Bill involving the death of a young mother and circumstances in which the entire judicial system was affected by unbe coming behaviour at the highest level. A considerable amount of embarrassment, to say the least, was caused to the system. The Chief Justice's report found that the procedures adopted by the two members of the Judiciary, in particular, were quite damaging to the judicial system.
The Joint Committee on Justice, Equality and Women's Rights invited the people concerned to appear before it to put on the record their perception of the events and to answer questions. Initially, that seemed to be accepted voluntarily but Mr. Hugh O'Flaherty subsequently refused to appear, while I understand Mr. Cyril Kelly left his options open on the matter. As a result, we have no explanation for the events – we know what happened but we do not know why it happened. There is no transparency or accountability in such circumstances. We are establishing a bad precedent by being seen to reward people who would not explain their actions, in circumstances where the prima facie examination conducted by the Chief Justice, his damning account of their actions and the findings of the Joint Committee on Justice, Equality and Women's Rights indicated their behaviour left a great deal to be desired.
The Minister for Justice, Equality and Law Reform indicated that the thinking of the Government was that impeachment proceedings would be instigated. The resignations occurred which meant that impeachment proceedings could not be undertaken. There was talk of establishing a tribunal.
These extremely serious matters form the context in which we are passing this legislation, which grants pensions to these people immediately rather than from the time they reach 65 years, as would happen in a normal case of resignation. They will receive pensions immediately which are far more generous than those which have accrued to them and to which they would be entitled in the normal course of events.
I wish to register our deep dissatisfaction that the Government is providing pensions in this fashion and that the Houses of the Oireachtas are being seen to reward people who misbehaved in carrying out their duties. We are trying to put our own house in order in the light of various allegations and accusations about people in high places, particularly politicians, and we have set up tribunals to deal with those matters and with other institutions in society which were seen to be wanting in the manner in which they conducted their business. However, we seem to have done the opposite in this case.
I am deeply dissatisfied that we are passing this legislation and by the manner in which we are doing it. It has been pushed quickly through both Houses at the end of the session, which I am unhappy about. I would have been happy to consider the legislation if the former judges had appeared before the committee and had been prepared to explain their actions. However, they have not done so and, in those circumstances, it is not possible to welcome this legislation.