Committee Reports > List of Committees > Joint > 2006 > Oireachtas Committee on Article 35.4.1 > Report - Article 35.4.1

Appendix 1: Terms of Reference of the Joint Committee

Dáil Éireann has made the following Order:-

(1) That a Select Committee of Dáil Éireann be appointed, pursuant to Standing Order 63A(2) of the Standing Orders Relative to Public Business, to be joined with a Select Committee to be appointed by Seanad 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”);

(2) The Committee shall take evidence on:

(i) the circumstances and matters referred to in paragraph 1 (a) to (f) of the Expediency Motion as agreed by Dáil Éireann on 3rd June, 2004, namely:

(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,

(ii) 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 (i) above, and which may relate to Judge Curtin’s suitability to hold judicial office;

(iii) any other matters related to the matters referred to in sub-paragraph (i) above which may be referred to it by Resolution of Dáil Éireann and which may relate to Judge Curtin’s suitability to hold judicial office;

(3) The Select Committee shall consist of 4 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 3 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;

(4) Without prejudice to the generality of paragraph (5) of Standing Order 63A:

(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 Dáil 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;

(5) 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.

Seanad Éireann has made the following Order:

(1) 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 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’);

(2) The Committee shall take evidence on:

(i) the circumstances and matters referred to in paragraph 1(a) to (f) of the Motion of Concurrence as agreed by Seanad Éireann on 3rd June, 2004, namely:

(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,

(ii) 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 (i) above, and which may relate to Judge Curtin’s suitability to hold judicial office;

(iii) any other matters related to the matters referred to in sub-paragraph (i) 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;

(3) 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;

(4) 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 to 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;

5) 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.”