Bertie Ahern (Dublin Central, Fianna Fail)

As we know, Brian Curtin was appointed a judge of the Circuit Court almost three years ago in November 2001. On 27 May 2002, the Director of Public Prosecutions prosecuted Judge Curtin for knowingly having in his possession child pornography, which is contrary to section 6 of the Child Trafficking and Pornography Act 1998. Accordingly, the matter was dealt with on indictment in the Circuit Court in Tralee. The trial commenced on 20 April and ended on 23 April on the basis that the warrant on which the Garda searched Judge Curtin's house was sent on the day that it was executed, namely, 27 May 2002.

The fact that the name of Brian Curtin appeared on a list received by the Garda Síochána from Interpol in August 2001 was put on the record of the House by the Minister for Justice, Equality and Law Reform on 2 June this year during the motion regarding the procedure on Judge Curtin's removal from office. In fact that was the first matter referred to in the resolution. However, the Garda Síochána has confirmed that it did not advise the Minister for Justice, Equality and Law Reform at that time, Deputy O'Donoghue, or his Department of having received the list from Interpol. Brian Curtin from Tralee, County Kerry was one of more than 100 names on that Interpol list. Obviously the Garda investigation was required to ascertain who Brian Curtin actually was and whether or not it was he who personally accessed the sites. A garda in Harcourt Street was not to know that Brian Curtin was a senior counsel in Tralee who was at the time being considered by the Judicial Appointments Advisory Board for the Bench. Deputy Kenny is asking whether the judicial appointments board would have checked with the Garda. I cannot be certain that it did, but I would surmise it would not have, in a case like that. Even if it had carried out a security check on Brian Curtin, it is doubtful whether the information from the investigation would have been received at that stage. Security checks seek details of criminal convictions. At that stage a security check would not have shown up that he had a criminal conviction because he did not have one, and still has not.

Deputy Kenny's last point was that the procedures of the judicial appointments board should be amended so that it could be seen whether someone to be appointed had a criminal record or was on a Garda list. I am not sure how the Judicial Appointments Advisory Board would take that suggestion. However, he raised the question as to whether a security check was done. A security check is done on staff in many areas and I will look at that point. I cannot say for definite, but I believe it is unlikely, because of the people being dealt with. It is highly unlikely that the board carries out a security check on the type of people who would be on that list, but I will check that point.

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