The Taoiseach told the Dáil today that lawyers for Judge Brian Curtin had been instructed to initiate legal proceedings against the State.
Mr Ahern said the Government had received a letter from Judge Curtin's lawyers informing it that they had been instructed to take the action.
However, Mr Ahern said that up to this afternoon he had no details of whether they had in fact commenced.
The Taoiseach welcomed that Judge Curtin was in a position to instruct his solicitors this week.
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He said he intended to stand by the advice given by the Attorney General on the matter and added that the process of the removal of a judge from office was a matter for the Oireachtas and not for the Government.