JUSTICE MINISTER HELEN McEntee is to consult with the Attorney General on the removal of judge Gerard O’Brien following his conviction for sexual assault.

Last month, circuit court judge Gerard O’Brien was found guilty of sexually assaulting six young men while he was a teacher in the 1990s.

In a statement following O’Brien’s conviction at the Central Criminal Court last month, Minister McEntee said she would be “considering the options open to the Government and the Oireachtas”.

McEntee added that she had “asked the Attorney General to advise”.

Speaking to reporters today, former Justice Minister and current Further and Higher Education Minister Simon Harris was asked what moves would be undertaken by government if O’Brien doesn’t resign.

While it is expected that O’Brien will resign, there could be a vote in the Oireachtas to remove O’Brien from his office if a resignation isn’t forthcoming.

That’s because the Constitution of Ireland states that a judge “shall not be removed from office except for stated misbehaviour or incapacity and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for their removal”.

To date, no judge has been removed and the phrase referring to “stated misbehaviour or incapacity” has never been judicially interpreted.

Harris told reports that “we live in a country where no matter who you are, the law of the land will be applied without fear or favour”.

“I think that’s what we certainly saw happen in relation to heinous crimes that were committed,” said Harris.

He added: “In relation to the broader issue regarding a specific judge, my colleague, the Minister for Justice, will be consulting with the Attorney General, and no doubt will update government in relation to this.”

Earlier today, Sinn Fein’s Justice spokesperson Pa Daly asked the Judicial Council if it will have any role in any “disciplinary investigation” into O’Brien.

The Judicial Council oversee standards in the Irish judicial system.

In his letter sent today to the Council, Kerry TD Daly wrote: “My question is whether the Judicial Council has taken any decision as to whether it has any role, or will be taking any role, in any disciplinary investigation or impeachment process concerning Judge O’Brien?”

Daly added that he would be “grateful” if the Judicial Council “would respond without delay”.

O’Brien has yet to be sentenced following his conviction at the Central Criminal Court.

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