Further delay in attempt to oust Curtin

The Government has delayed its move to begin Oireachtas proceedings to remove Judge Brian Curtin from the Circuit Court bench…

The Government has delayed its move to begin Oireachtas proceedings to remove Judge Brian Curtin from the Circuit Court bench.

This follows the receipt of a further letter yesterday from lawyers acting for the judge.

The brief letter to the Government said his representatives would be dealing directly with the Oireachtas. Separate, more substantial, letters went to the chairs of each House of the Oireachtas.

The letters to the chairs of the Houses of the Oireachtas spelled out the legal and procedural difficulties involved in the proposed impeachment process.

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The Government proposes to establish an Oireachtas committee to inquire into the conduct of the judge.

It is understood that in the letters from Judge Curtin's lawyers it is argued there is no provision for such a committee in the Constitution, which states that a judge can only be removed by a motion laid before both Houses of the Oireachtas. This implies any charges must be heard by a full hearing of both Houses of the Oireachtas.

The recent correspondence raises the prospect of a court challenge to the whole process.

Meanwhile, the Taoiseach, Mr Ahern, said the Government's Oireachtas move would happen "this week", even if they did not take place today. "It has to be done by the agreement of both Houses. It is a matter for the Oireachtas, and not just for the Government," he said.

He acknowledged that the Government's efforts to remove Judge Curtin could end up in court but said that was a matter for the judge and his lawyers. These include former Attorney General, Mr John Rogers, SC.