The Taoiseach again firmly ruled out paying compensation to Judge Brian Curtin.
"The Tánaiste made it clear today that there will not be any compensation," said Mr Ahern. He added that the Minister for Justice, Mr McDowell, felt that comments he had made on the issue "were not taken in context".
He was replying to the Fine Gael leader, Mr Enda Kenny, who said that Mr McDowell had refused, in weekend remarks, to rule out the negotiation of a settlement package for Judge Curtin. "On the face of it, that appears to contradict the repeated, firm assertions to the contrary by the Taoiseach in the Dáil and elsewhere."
Later, the Labour leader, Mr Pat Rabbitte, remarked: "Unlike the Minister for Justice, Equality and Law Reform, the Taoiseach rules out a monetary settlement?" Mr Ahern replied: "Yes."
Mr Ahern said that at 5.05 p.m. last Friday, a letter from Judge Curtin's solicitors was received by his office. "They sought an opportunity to consider the procedure it is intended to adopt concerning Judge Curtin so that submissions on behalf of Judge Curtin can be brought to the attention of the Dáil and Seanad.
"In the light of last Friday's letter, and to ensure fairness in procedures, it has been decided to give this opportunity to Judge Curtin's solicitors before any motion is moved."
He added that all submissions and correspondence with Judge Curtin's representatives would be made available to deputies and senators before they considered the motion and voted on it. "Given the importance and solemnity of the process, members will agree on the necessity to act fairly. Judge Curtin's solicitors, therefore, will be informed of the proposed procedures in detail.
"They will be offered an opportunity to make submissions in writing which are to be received by me not later than 2.30 p.m. on Monday, May 31st, 2004, so that the motion can be tabled next week."
Mr Ahern said he was conscious of the fact that Judge Curtin was first written to on April 27th and was given in total a three-week period within which to reply to the letter from the secretary to the Government.
The House was aware, he added, that the reply received on May 13th did not contain any substantive response, but in a letter of May 21st, Judge Curtin's solicitors stated to the Government for the first time that they were at all times instructed that Judge Curtin "had not been involved in impropriety of the type alleged against him". However, said Mr Ahern, no other details were furnished by the judge's solicitors relating to the circumstances to which he had previously referred.
"I bring this statement to the attention of the House because it justifies and underscores the necessity for and the caution with which we have proceeded on this matter.
"We will continue to proceed in that manner until this process has reached a conclusion."
Mr Ahern said there was no foundation whatever to suggest the Minister for Justice had made any inquiries, or received any representations in relation to the appointment of Judge Curtin.
Mr Rabbitte asked if the Taoiseach was saying to the House, "given that the Bar Library is a particularly incestuous place", that no information was communicated to the Government about what might be considered inappropriate behaviour for a prospective member of the Bench or that the Government ought to have known.
Mr Ahern said he had also asked Mr O'Donoghue, who was minister for justice at the time of the judge's appointment, if he had any knowledge at the time why he should not be appointed, but had no such information.
