The Dáil will vote next week on a motion that may lead to the impeachment of Judge Brian Curtin, the Taoiseach told the House this afternoon. Mr Ahern also said the judge, who was acquitted of possessing child pornography, would not receive a financial settlement.
The motion was not ready for today's meeting of the Cabinet forcing the Government to defer the vote. This follows the receipt of a letter received by the Government last Friday from solicitors acting for the Circuit Court judge.
Mr Ahern said that his solicitors sought an opportunity to consider the process that is intended to be used to deal with the judge. His solicitors asked that submissions on behalf of the judge be brought to the attention of members of the Dáil and Seanad before any vote, Mr Ahern said. Solicitors will be shown the text of the motion before it is voted on, he added.
"In light of the letter of last Friday, and out of the desire to ensure fairness of procedure it has been decided to give this opportunity to Judge Curtin's solicitors before any motion is moved," Mr Ahern told TDs.
"I wish to make it clear that all submissions and correspondence from Judge Curtin's representatives be made available to the members of this house and the Seanad before they consider and vote on the proposed motion."
Mr Ahern added that any submissions from the judge's solicitors should be received by him by 2.30 p.m. next Monday to allow the vote to go ahead in the Dáil.
Mr Ahern also ruled out any financial deal for Judge Curtin and said comments by the Minister for Justice, Mr McDowell, at the weekend were taken out of context.
Asked if he could confirm no financial compensation would be offered to Judge Curtin if he were removed, Mr Ahern said: "Yes I can give that confirmation". He defended indications from the contrary by the Minister for Justice, Mr McDowell at the weekend, saying the minister felt he had been taken "out of context".
Judge Curtin was acquitted last month on charges of possessing child pornography, after it emerged in his trial that an out-of-date search warrant was used to search his Co Kerry home.
Quoting from the letter, Mr Ahern said Judge Curtin's solicitors had been instructed "at all times" that he "had not been involved in impropriety of the type alleged against him."
Mr Ahern also confirmed that the letter made reference to Judge Curtin's current state of health. According to Government sources, it said he suffered from a psychiatric disorder, and so it was difficult for his lawyers to take instructions.
