Pat Rabbitte (Dublin South West, Labour)
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Question 73: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a decision has been made on the request of Circuit Court Judge, Brian Curtin, for early retirement on health grounds under Section 6 of the Courts (Establishment and Constitution) Act 1961; and if he will make a statement on the matter. [12925/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The former Judge Brian Curtin resigned as a Judge of the Circuit Court on 13 November 2006. Subsequent to his resignation, an application was made on his behalf for payment of pension on grounds of permanent infirmity. In accordance with standard public service procedures, the application was referred to the Chief Medical Officer (CMO) for consideration. The CMO has advised that the judge was incapable of discharging his duties and that his infirmity was likely to be permanent. Mr Curtin's solicitor has been informed that payment of retirement benefits has been authorised in accordance with the relevant provisions.