Before coming to No. 14a, I wish to inform the House that I have exercised my discretion under Standing Order 29 to permit this motion to be taken at short notice.
Standing Orders: Motion.
I move:
That, as recommended by the Committee on Procedure and Privileges, the following be adopted as an additional Standing Order relative to Public Business:
‘63A (1) Any motion (hereafter described as "an Article 35.4.1 motion") put on the Order Paper for any day calling for the removal of a Judge for stated misbehaviour or incapacity within the meaning of Article 35.4.1 of the Constitution (or, as the case may be, pursuant to section 39 of the Courts of Justice Act 1924 or section 20 of the Courts of Justice (District Court) Act 1946), shall state the matters upon which it is contended by the proposer of the said motion that the Judge who is subject matter of the motion should be removed for stated misbehaviour or that he or she is incapacitated.
(2) Where such an Article 35.4.1 motion is put on the Order Paper for any day, the Dáil may either reject the said motion, or on a motion made to adjourn the debate may by motion appoint a Select Committee to take evidence in respect of the aforesaid Article 35.4.1 motion, provided that the Select Committee shall make no findings of fact nor make any recommendations in respect of same or express any opinions in respect of same.
(3) Where the Dáil does not appoint a Select Committee in the manner provided for in paragraph (2) of this Standing Order within five sitting days of any Article 35.4.1 motion being placed on the Order Paper, the said Article 35.4.1 motion shall lapse.
(4) The motion appointing the Select Committee shall state the terms of reference of the Committee, define the powers devolved upon it and fix the number of members to serve on it.
(5) The Select Committee shall at all times have due regard to the constitutional principles of basic fairness of procedures and the requirements of natural and constitutional justice.
(6) The Select Committee shall take all steps to ensure that an appropriate record is taken of its proceedings.
(7) The proceedings of the Select Committee shall be heard in private save insofar as otherwise directed by the Committee following a request in that behalf by a Judge who is the subject of an Article 35.4.1 motion.
(8) Following the completion of its proceedings, the Select Committee shall furnish a report of those proceedings to the Dáil, together with appropriate transcripts and associated audio-visual material. Provided that the Committee shall first send its report to the Clerk of the Dáil, who shall arrange in the first instance for the report to be circulated to the members of the Dáil and to the Judge who is the subject matter of an Article 35.4.1 motion. Provided further that the Dáil may subsequently order that the report be published and laid before the Dáil.
(9) Following receipt of the said report, the Dáil may by order make provision for the debate on the said Article 35.4.1 motion which shall include:
—due notice of the taking of the debate to be resumed on such part of the Article 35.4.1 motion calling for the removal of the Judge in question;
—due observance by each Member of the constitutional principles of fair procedures;
—the right of the Judge and his or her legal representatives to be heard prior to any vote on the said Article 35.4.1 motion;
—such special rules of procedure as may be deemed appropriate.
(10) Standing Order 58 shall not apply in respect of an Article 35.4.1 motion and the subject matter of an Article 35.4.1 motion shall not be raised in the Dáil save as otherwise provided by this Standing Order.
(11) Save as otherwise provided for in this Standing Order, Standing Orders 80, 81, 82, 83, 84, 86, 88, 90, 91, 93, 102 and 169(1) shall not apply to a Select Committee appointed under this Standing Order. Provided, however, that if the Committee decides following a request in that behalf by the Judge, who is the subject matter of an Article 35.4.1 motion, to have its proceedings in public in accordance with paragraph (7) of this Standing Order, Standing Order 102 shall apply.
(12) A Select Committee appointed under this Standing Order shall, with the concurrence of Seanad Éireann, be joined by order of the Dáil with a similar Select Committee of that House appointed to perform its functions in respect of a corresponding Article 35.4.1 motion moved in that House in respect of the same Judge. Provided that the Chairman of the Select Committees so joined shall be a member of Dáil Éireann.'."
Question put and agreed to.