asked the Taoiseach if there is an accepted protocol or set of procedures observed between the Government and the Judiciary in order to seek the appointment of a High Court judge to act as president of a public sworn tribunal; and, if so, if he will give details.

3.

asked the Taoiseach the protocol and procedure employed by the Government and the President of the High Court on constituting Mr. Justice Keane as the tribunal under the Tribunal of Inquiry (Evidence) Act, 1921, to inquire into the fire at the Stardust Club, Dublin.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 2 and 3 together.

In accordance with established procedures the appointment to which the Deputy refers was made following consultation between the Attorney General and the President of the High Court.

Was this procedure followed in the Whiddy case?

Yes.

When the Attorney General meets the President of the High Court, does he have names from the Taoiseach and the Government, or does he go looking for suitable names? What is the usual procedure?

He has a general discussion with the President of the High Court. The President of the High Court has a very special responsibility in the matter. The Attorney General goes with an open mind to discuss the matter with the President of the High Court.

Does he come back to the Cabinet with a list of names? Could the Taoiseach say whether this happened in the second case?

No. In this case and the Whiddy case the Attorney General reported back with one name.

One name? Was the name proposed for this tribunal the name the Taoiseach suggested? Was it the President of the High Court who suggested Mr. Justice Keane?

No, I would not say that exactly. Various names would be discussed between the Attorney General and the President of the High Court. They would agree on who should be nominated and that name would then be put forward by the Government.

Could the Taoiseach say were other names suggested at any time? For instance, he knows that at our meeting I mentioned the name of Mr. Costello. Were names mentioned other than Mr. Justice Keane, since it is common knowledge that there are many other able members of the High Court and Mr. Justice Keane is a relatively recent appointee?

The view of the President of the High Court would be that any judge of the High Court is capable of doing any job which the Government may ask to have done. In regard to this matter, I do not know what names would be discussed between the Attorney General and the President of the High Court but, between those two people, a name would be decided upon, agreed and then reported back to the Government.

A final supplementary. We cannot have a debate on this.

Did the name of Mr. Justice Keane emanate from the Government or from the President of the High Court? Who submitted this name?

It did not emanate from the Government. I understand that various different names were discussed between the Attorney General and the President of the High Court.