Bertie Ahern (Dublin Central, Fianna Fail)

I will take the last question first. Yes, I can give that confirmation. The Minister for Justice, Equality and Law Reform feels the comments he made were not taken in context. The Tánaiste made it clear today that there will not be any compensation.

On Deputy Kenny's first question, last Tuesday I indicated my intention to propose a motion or motions today regarding Judge Curtin in the context of Article 35.4 of the Constitution. That arose from the Government's deliberations on a letter received the previous Thursday from Judge Curtin's solicitors. In that letter the solicitors indicated that Judge Curtin would respond appropriately to requests made of him by the Houses of the Oireachtas. Thus it seemed clear that this matter would proceed before the Houses of the Oireachtas today and to that end a motion permitting the Houses to adopt the procedures I outlined last week was drafted. It is ready.

However, at 5.05 p.m. — someone said it was 5.55 p.m. but it is 5.05 p.m. according to my note — on Friday 21 May a letter from Judge Curtin's solicitors was received by my office. They sought an opportunity to consider the procedure it is intended to adopt concerning Judge Curtin so that submissions on behalf of Judge Curtin can be brought to the attention of the Dáil and Seanad.

In light of last Friday's letter and to ensure fairness in procedures it has been decided to give this opportunity to Judge Curtin's solicitors before any motion is moved. All submissions and correspondence with Judge Curtin's representatives will be made available to Deputies and Senators before they consider the motion and vote on it. Given the importance and solemnity of the process, Members will agree on the necessity to act fairly. Judge Curtin's solicitors, therefore, will be informed of the proposed procedures in detail.

They will also be offered an opportunity to make submissions in writing which are to be received by me not later than 2.30 p.m. on Monday, 31 May 2004, so that the motion can be tabled next week.

I am conscious that Judge Curtin was first written to on 27 April and was given in total a three week period within which to reply to the letter from the Secretary to the Government. This House is aware the reply received on 13 May did not contain any substantive response but in the letter of 21 May, Judge Curtin's solicitors stated to the Government for the first time that they were at all times instructed that Judge Curtin "had not been involved in impropriety of the type alleged against him". However, no other details were furnished by Judge Curtin's solicitors on the circumstances to which I have previously referred.

I bring this statement to the attention of the House, in reply to Deputy Kenny, because it justifies and underscores the necessity for and the caution with which we have proceeded on this matter. We will continue to proceed in that manner until this process has reached a conclusion.

I understand the House, tomorrow, and the Committee on Procedure and Privileges will discuss the other matters which are ready. As this resolution will now be given by letter to the solicitor, the resolution will be given by the Minister to the representatives of the parties in the House. I understand that will be done later today.

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