Vol. 506 No. 2
57 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the reason no written records exist in his Department regarding the decision to award pensions to the recently resigned Mr. Justice Hugh O'Flaherty and Mr. Justice Cyril Kelly; the manner in which the matter was considered in his Department and a decision arrived at without the benefit of written records; and if he will make a statement on the matter. [15356/99]
The Deputy will be aware that Mr. Justice Hugh O'Flaherty resigned on Saturday, 17 April 1999 and Mr. Justice Cyril Kelly on the following Tuesday, 20 April. Because of the urgency of the situation, in the context of the particular constitutional process being contemplated by the Government, several discussions took place during those few days. In the case of Mr. Justice Kelly, there were discussions between his legal team and counsel for the State on pension entitlements.
The reason there are no written records in my Department on the pension aspects prior to 20 April is simply that most of the discussions on that issue took place over a weekend and were conducted mainly on the telephone. Officials of my Department discussed the matter with Department of Finance officials over the phone and one of my officials' in turn, held discussions over the phone also with counsel for the State.
It needs to be emphasised that what was being discussed, however, was not what the Government should decide in relation to pension entitlements, but what proposal should be put to the Oireachtas, it being accepted, at all times, and clear to all concerned, that the actual decision would fall to be made by the Oireachtas. That is still the position and the Oireachtas will be afforded the opportunity of making its decisions when I bring the necessary Bill before this House – hopefully within the next few days. The Bill, which the Government at its meeting this morning, has agreed for publication gives effect to the pension arrangements in each instance. There are, of course, written records in relation to the publication of the Bill.
I can say, however, that the pension suggestions which the Government authorised me to commend to the House in the course of my statement on 20 April were arrived at by taking a number of matters into account including the actual pension entitlements of the parties concerned; the fact that they took the honourable course thus avoiding a procedure in this House which would have been without precedent; the fact that there was no suggestion that they were motivated by the prospect of personal gain; and the substantial financial loss suffered by those concerned on their resignation.
