Bertie Ahern (Dublin Central, Fianna Fail)

The Attorney General has given his views on what would be considered as incapacity. The Deputy is correct that the letter mentions the state of health of Judge Curtin, but it gives no evidence. The Attorney General has given his view that there would have to be evidence of incapacity and it could not be taken in a general form. There is no sustainable medical case. Whether that will come eventually is another matter. We are not making a judgment on the term "incapacity", as it is correctly termed in the Constitution.

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