I move:
That Seanad Éireann, pursuant to Standing Order 60A:
1. Noting the information provided to the House by the Leader of the House:
(a) that the Garda Síochána in August 2001, on receipt of information from Interpol obtained by the United States Postal Inspection Service during a search of premises in Fort Worth, Texas, concerning details of alleged customers of a company offering access to child pornography websites, commenced an operation in relation to persons allegedly so identified from this jurisdiction,
(b) that these details included the names, passwords and credit card and charge card details of certain persons,
(c) that one of the persons from this jurisdiction so named was a Brian Curtin, 35 Ashe Street, Tralee, Co. Kerry, and that subsequent enquiries indicated that this person was Brian Curtin, Judge of the Circuit Court, with a home address of 24 Ard na Lí, Tralee, Co Kerry,
(d) that a warrant to search Judge Curtin’s home under section 7 of the Child Trafficking and Pornography Act 1998 issued from the District Court on foot of an application by a member of the Garda Síochána on 20 May 2002,
(e) that Judge Curtin’s home was subsequently searched on foot of the said warrant and that Gardaí took possession of a personal computer and other material during the search,
(f) that an investigation file was submitted to the Director of Public Prosecutions by the Garda authorities in October 2002 and that the Director of Public Prosecutions instructed that Judge Curtin be prosecuted for knowingly having in his possession child pornography contrary to section 6 of the Child Trafficking and Pornography Act 1998,
(g) that the trial of the said charge commenced on 20 April 2004 at Tralee Circuit Court and that on 23 April 2004 Judge Curtin was found not guilty of that charge without evidence being given in relation to the subject matter of the charge, the Circuit Criminal Court having determined that the aforesaid warrant was spent when executed at the home of Judge Curtin,
2. Noting the contents of all of the correspondence between the Secretary General to the Government, Judge Curtin and his solicitors, commencing with the letter from the former dated 27 April 2004, and in particular the statement by Judge Curtin's solicitors in their letter of 13 May 2004 that, should the Oireachtas see good to make requirements of Judge Curtin, in due course, Judge Curtin will respond to that body appropriately,
3. Noting in particular the letter of 21 May 2004 from Judge Curtin's solicitors to An Taoiseach, the response to that letter of 25 May 2004, the letter of 31 May 2004 from Judge Curtin's solicitors to the Secretary General to the Government, and a letter of the same date containing submissions on behalf of Judge Curtin,
4. Considering the exceptional circumstances thus arising, having regard to the need for the public to have complete confidence in the judiciary and in the integrity of the administration of justice, conscious of the fact that the said matters do not relate to any exercise of a judicial function by JudgeCurtin, and mindful of the status and importance of the principle of judicial independence,
5. Noting the proposal by the Minister for Justice, Equality and Law Reform that this House, calls for the removal, pursuant to Article 35.4 of the Constitution and section 39 of the Courts of Justice Act 1924, of His Honour Judge Brian Curtin, Judge of the Circuit Court, from office for stated misbehaviour, being his conduct in and in relation to subscribing to, accessing and use of websites containing child pornographic images and thereby rendering himself unsuitable to exercise the office of a Judge of the Circuit Court, but that this motion has been adjourned pending the conclusion of the investigative process herein described,
6. Conscious of the responsibility and duty of the Houses, prior to the members of the Oireachtas forming a judgment as to whether they wish to vote in favour of or against such a motion, to cause an investigation to take place into the said matters so as to gather and ascertain the facts of and evidence relating to same, and to provide the opportunity to Judge Curtin to state and present his case to the said Houses,
7. Mindful of Judge Curtin's entitlement to due process and fair procedures and noting that this House shall accord fair procedures and due process to Judge Curtin and in particular an opportunity to advance evidence to the Select Committee herein established and make such submissions as he considers appropriate to that Select Committee and thereafter to this House and moreover shall provide for the exercise of all rights conferred on him by law to defend and protect his right to his position, his good name and any other right or entitlement enjoyed by him at law,
8. Resolves that:
(I) Seanad Éireann concurs with Dáil Éireann in its resolution communicated to Seanad Éireann on 3 June, 2004 that it is expedient that a Select Committee of Seanad Éireann be appointed, pursuant to Standing Order 60A(2) of the Standing Orders Relative to Public Business, to be joined with a Select Committee to be appointed by Dáil Éireann, on a Matter Pursuant to Article 35.4 of the Constitution and section 39 of the Courts of Justice Act 1924 (to be referred to as the ‘Committee on Article 35.4.1° of the Constitution and section 39 of the Courts of Justice Act 1924');
(II) The Committee shall take evidence on:
(a) the circumstances and matters referred to in paragraph 1(a) to (f) above;
(b) any other matters which may arise in the course of the work of the Committee which are related to the matters referred to in sub-paragraph (a) above, and which may relate to Judge Curtin’s suitability to hold judicial office;
(c) any other matters related to the matters referred to in subparagraph (a) above which may be referred to it by Resolution of Seanad Éireann and which may relate to Judge Curtin’s suitability to hold judicial office;
(III) The Select Committee shall consist of 3 members provided that, if one member shall become unable to participate because of death or illness, the Committee may continue its proceedings with a membership of no less than 2 members. Provided further that any such member who becomes unable to participate due to illness shall forthwith cease to be a member of the Committee;
(IV) Without prejudice to the generality of paragraph (5) of Standing Order 60A:
(i) the Committee shall in particular afford the judge in question (and, where appropriate, his legal representatives) an opportunity to state his case; to cross-examine any witnesses called by the Committee and to lead such evidence as he may think appropriate; and
(ii) the report of the Committee to be circulated by the Clerk of the Seanad pursuant to paragraph (8) of that Standing Order shall include a report of the Committee's proceedings together with appropriate transcripts in written or electronic form and associated audio-visual material also furnished by the Committee pursuant to that Standing Order.
(V) The Committee shall have the following powers:
(i) Power to accept written submissions to the extent that such written submissions are necessary for the conveyance of evidence or information essential to the core purpose of the Committee;
(ii) Power to engage the services of persons with specialist or technical knowledge to assist it in discharging its function;
(iii) Power to retain the services, should it think fit, of one or more legal advisors whose task it shall be to advise and assist the Committee;
(iv) Power to undertake travel necessary to the discharge of its functions;
(v) Power to send for persons, papers and records.
The House approved a motion yesterday calling for the removal, pursuant to Article 35.4 of the Constitution and section 39 of the Courts of Justice Act 1924 of Judge Brian Curtin, judge of the Circuit Court, from office for stated misbehaviour. Under the terms of the Standing Order approved by the House yesterday, it falls to the Seanad to decide if a select committee should be established in the manner provided to advance the process.
I invite the House to recall the circumstances that have brought us to this point. The circumstances include the detailed information given in the motion moved yesterday by the Leader of the Seanad, the debate on which was adjourned. They also include correspondence between the judge's legal representatives and the Taoiseach, the Secretary General to the Government and the Cathaoirleach. It is clear from the correspondence that Judge Curtin was given every opportunity to provide an explanation of the circumstances, but regrettably he has not done so. In the light of these developments, the responsibility falls on the Houses of the Oireachtas to consider the matter of the judge's removal from office in accordance with the relevant constitutional and statutory provisions.
It is imperative that there is full public confidence in the Judiciary and in the integrity of the justice system. The Members of the Seanad are called on to play a part in helping to uphold the high standards of behaviour required of those charged with the exercise of judicial functions. To assist the House in deciding how to vote on the motion proposed by the Leader, we need to ensure that all the relevant evidence is available to us. I propose today that we set up a select committee for that purpose. The purpose of the select committee will be to take evidence in respect of the Article 35.4.1° motion. The committee will be concerned only with gathering the evidence and is expressly precluded from any findings of fact or expressing any opinion.
The Standing Order also lays out the procedures to ensure that persons the subject of a motion pursuant to Article 35.4.1° will be treated in accordance with fair procedures, both at the select committee and before the House.
I propose the appointment of such a select committee because it is appropriate for this House to do so in light of the information made available to it to date. The task of the select committee will be to ensure that all relevant information is obtained and this motion sets out the powers it will have to enable it to do this.
