The Labour Party spokesman on justice, Mr Joe Costello, has been replaced on the Oireachtas committee inquiring into the conduct of Judge Brian Curtin because of statements he made concerning the case.
He has been replaced by the party's spokeswoman on education, Ms Jan O'Sullivan.
Ms O'Sullivan was put on the committee on the last day the Dáil sat before the summer recess, and attended a brief meeting then before attending the two-day meeting this week which decided to order the judge's doctors to appear before it with his medical records.
The committee had received advice from its legal team that statements made by Mr Costello in the aftermath of Judge Curtin's acquittal on charges of possessing child pornography could be prejudicial to its work. It advised his replacement as a precautionary measure and the Government chief whip, Ms Mary Hanafin, formally proposed it on the floor of the Dáil.
A Labour spokesman pointed out yesterday the statements did not suggest any prejudice on the part of Mr Costello. However, it was felt wiser to take the precaution of replacing him to ensure there would be no obstacle to the committee continuing its work.
The first statement, made on April 23rd, the day the trial dramatically ended with the judge's acquittal on technical grounds, described the events as "a very serious development that will cause considerable public disquiet. It is incredible that such a serious case involving a member of the judiciary should have foundered on an error as fundamental as an out-of-date arrest warrant. The public will want to know how such a fundamental error was allowed to happen and how it was that the error in the warrant was not spotted for almost two years."
The second statement, issued two days later, asked the Government to state what action it intended to take. "Should Mr Curtin be allowed to return to hearing criminal cases it would cause public outrage and would do untold damage to the judicial system in this country," it said.
"Clearly, Mr Curtin has the same right as any other member of the judiciary to retire at any point and for any reason, and would be entitled to the same pension rights as any other judge retiring at that point in their career. However, there must be no question of the State offering Mr Curtin any financial inducement to 'go quietly'."
The statement also called on the DPP to make a full statement, and on the Garda Commissioner to institute an inquiry into why the gardaí did not execute the search warrant within a reasonable time of it being issued, and why the search was not carried out until the warrant had expired.
Mr Costello declined to comment yesterday.