The Minister for Justice, Mr McDowell, has proposed a motion in the Dáil calling for the removal of embattled Circuit Court Judge Brian Curtin.
The motion, which was adjourned, calls for "the removal, pursuant to Article 35.4 of the Constitution and section 39 of the Courts of Justice Act 1924, of His Honour Judge Brian Curtin, Judge of the Circuit Court, from office for stated misbehaviour, being his conduct in and in relation to subscribing to, accessing and use of websites containing child pornographic images and thereby rendering himself unsuitable to exercise the office of a Judge of the Circuit Court".
Today's motion also provides for the establishment of a Select Committee, which will examine the issue and report to the Oireachtas.
Mr McDowell read into the Dáil record letters sent to the judge by the Government seeking an explanation for the judge's alleged possession of child pornography and a response from Judge Curtin's lawyers.
Judge Curtin's home in Tralee, Co Kerry, was searched by gardaí after the authorities here heard the name of a Brian Curtin in Tralee appeared on a list of customers of a company offering access to child pornography websites.
The warrant used by the gardaí to search the judge's home in May 2002 was found to be out of date during his trial last month and he was acquitted.
Mr McDowell said today there was a duty on every member of the judiciary not to bring his or her office into disrepute, to uphold the law and to ensure his or her ability to render the law impartially should not be compromised.
However, he asked members to "keep an open mind" until the facts are established.
He urged members of the House not to engage in political point-scoring on the issue. "We should all be careful what we say and do," he said. Mr McDowell said it was out of respect for the judicial arm of the State that the Government had written to Judge Curtin seeking an explanation for his alleged behaviour. However, "no substantive explanation" was given.
The minister said the House would see, on careful examination of the correspondence made available to it today, that "no other course" was open in this case. He asked deputies to approach the matter in a fair-minded and non-partisan, non-political way and to "resist any temptation to score points at each other's expense".
The eyes of the people were focused on the House and that the issue would be dealt with in an effective, fair way which was "devoid of self-interest".
The motion will be proposed despite High Court proceedings initiated by the judge yesterday evening. An identical motion will be proposed by the leader of the Seanad, the Minister for Agriculture, Mr Walsh, told the Dáil this morning.
The Minister for Agriculture, Mr Walsh
Standing in for the Taoiseach, Mr Walsh said after Mr McDowell moved the motion it would be adjourned to allow an Oireachtas Committee - which will deal with the Judge Curtin issue - to be formed. This will happen tomorrow, Mr Walsh said.
"We want to ensure that fair procedure and due process are being observed and nothing is done which would in any way prejudice decsions of the Houses of the Oireachtas," he added.
A plenary summons was lodged yesterday in the High Court by solicitors for Judge Curtin seeking a declaration that evidence collected unlawfully cannot be used in any proceedings. In April, a trial judge in Tralee Circuit Court acquitted him of possessing child pornography because evidence used in the prosecution case was collected using an out-of-date search warrant.
Judge Curtin is now seeking a declaration from the High Court that no further use can be made of this evidence, and that it cannot be given by any of the named defendants to a third party. He is also seeking damages for trespass and breach of his constitutional rights over the use of the defective Garda warrant.
But yesterday, the Taoiseach said proceedings to remove the judge would continue. "I am satisfied, in the light of the legal advice which I have received from the Attorney General and senior counsel, that the procedure which we have proposed to adopt is constitutionally sound", he told the Dáil.