I am not moving the motion, Sir. This motion was tabled at the instance of the Government, and, as the Minister for Justice has already explained to the Dáil, he has received satisfactory assurance that the resignation of the judge is forthcoming. In the circumstances, there is no necessity to proceed with the motion.
Removal of Judge from Office—Motion.
The following motion appeared on the Order Paper in the name of Senator Quirke:—
That Seanad Eireann hereby calls for the removal from office of Edward J. McElligott, a Judge of the Circuit Court, on the ground that he is unable owing to physical incapacity to perform the functions of his said office.
Does not this illustrate that when a matter of such great gravity as this is put down there should be some consultation beforehand? It is a rather extraordinary thing that the Seanad is summoned for the purpose of considering a motion of great gravity and then is told that the matter is not being gone on with because something has happened. I want to suggest that the independence of the judges is a matter of great importance. We may have to pay for it by occasionally listening to things which we do not particularly like. When the Minister puts down a motion of this kind I am sure he puts it down with the best of motives. I am not questioning that in any way, but I do suggest that some consultation beforehand should have been taken so that members of this House and members of the other House would not find themselves in the position of being confronted with this kind of motion on the Order Paper with no knowledge whatever beforehand. Particularly is this so in the situation which at present exists where the two Houses, owing to the Constitution, have the same majority, and there is no real independence for the judges, with motions of this nature.
Motion not moved.