The Government has received reports from the Director of Public Prosecutions (DPP) and the Garda on the Judge Brian Curtin case, the Taoiseach told the House. Michael O'Regan reports.
However, no action will be taken on the reports until the Government hears from the judge, Mr Ahern said. He confirmed that the Cabinet had granted Judge Curtin extra time to reply to its letter. "He asked for two weeks from today and he has been allowed two weeks from today to reply."
He said the Cabinet had considered the matter earlier in the day.
"As stated last week, perhaps changes may be required in standing orders or legislation. This is an area that the Attorney General and the Minister for Justice are examining."
Mr Ahern said his advice at this stage was that it did not cause a constitutional difficulty because the problem was how to make the mechanism work.
"This was tried in 2001 and some of those areas have to be revisited. The constitutional right of this House to deal with a member of the judiciary by impeachment is already in place." Mr Ahern was replying to the Labour leader, Mr Pat Rabbitte, and the Fine Gael leader, Mr Enda Kenny.
Mr Rabbitte asked if the Government was as determined this week, as last week, to impeach Judge Curtin without compensation and if it would be necessary to have a constitutional amendment to do so.
Mr Kenny said it appeared to him that the House was in uncharted waters in respect of Judge Curtin.
"Today, the Government decided to give him extra time. If legislation has to be introduced for judicial regulation, I assume that would require an amendment to Article 35 of the Constitution. If that is the case, obviously it is uncharted waters and will require great sensitivity and thorough discussion and investigation, as would any amendment to the Constitution."
Mr Kenny said it was good governance to bring people along with the Government when dealing with problems. He suggested that the Taoiseach withdraw the citizenship referendum, which was being rushed on the people without thorough investigation and analysis.
"There would then be the possibility of two serious referendums, on a date to be appointed later in the year, following full and thorough discussion at an all-party committee on whatever forum may be appropriate." Mr Ahern said he did not agree with any of the points made by Mr Kenny about the citizenship referendum.
"This issue was highlighted eight years ago. We tried to operate a particular system but abuses of the law in some respects were being practised more frequently. This will be a minor change."
He added that he did not see the necessity for further debate.