Bertie Ahern (Dublin Central, Fianna Fail)

In response to the question regarding the Minister for Justice, Equality and Law Reform, an issue which Deputy Kenny raised with me, I stated that there was no foundation to the suggestion that the Minister made any inquiries or received any representation on the appointment of Judge Curtin. I have outlined the procedure. Mr. Brian Curtin was recommended for a vacancy which he was later appointed to fill. He was at that time a successful barrister. The Minister for Justice, Equality and Law Reform inquired into the matter and it is known that neither the board nor the Government was at that time aware of any reason that he should not have been appointed. I also asked the then Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, if he had any knowledge at that time why he should not be appointed, and he had no such information at that time. Both the present and former Ministers for Justice, Equality and Law Reform have confirmed there was no such knowledge about Judge Curtin.

The Tánaiste reiterated today what the Deputy correctly read out and his interpretation of our position is correct: there is no question of compensation. The Deputy referred to the Government enlisting the support of the Opposition parties. The removal of a judge from office is a serious constitutional process. The power derives from the Constitution and it must be devoid of party political interest. It must never yield to anything other than that. What we said both inside and outside the House makes it clear that it is not a trivial matter. The process of removal from office is a matter for this House and the Seanad, is exclusively within the constitutional sphere and is not a matter for Government. Our Constitution is clear that the Houses of Oireachtas have exclusive control of the process and nothing can happen to the process without the approval of the House. That is the way it will remain.

It would be unreasonable for the Government to negotiate on one front while going through the process on the other front. The Government will not and should not do that. We should be very clear on that position. Once we take this process, which is a process for the Houses of the Oireachtas, we cannot take any other process.

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