No compensation will be given to Circuit Court Judge Brian Curtin if he was to be removed from his post by the Government, the Taoiseach, Mr Ahern told the Dáil this afternoon.
Mr Ahern said the Government had written to Judge Curtin to "seek an explanation from him to the circumstances of his apparent access to a website and the downloading of child pornography images of same".
Judge Curtin was last week acquitted of possessing child pornography on his computer.
Mr Ahern said "If there are grounds of stated misbehaviour for removal from office, this is the only option, there are no alternatives.
"Moreover, monetary compensation simply does not arise. There is not provision for this and no justification for it on such removal," he added.
Mr Ahern said the Government had given the Judge one week to supply them with his response. "It is in everyone's interest that this issue is resolved one way or another within a short space of time," he added.
"This request of Judge Curtin is with a view to shortly making a fair and objective assessment as to whether grounds exist for a motion of removal of the judge from office for stated misbehavior," Mr Ahern said.
After a Cabinet meeting this morning, a Government statement also said it was seeking a report from the Director of Public Prosecutions and a separate report from the Garda Commissioner.
"The Government has decided . . . to direct the Secretary to the Government to write immediately to Judge Curtin seeking an urgent response in writing from him in relation to the matters raised by the prosecution against him so as to enable the Government to decide on its own appropriate course of action - whether at Oireachtas level or otherwise," the statement said.
Judge Curtin was acquitted after it emerged at his trial that the Garda had acted on an out-of-date warrant when they searched his home.
Judge Curtin had been charged with possession of child pornography at his home in Tralee on May 27th, 2002. But following two days of legal argument in the absence of the jury last week, Judge Carroll Moran said the law was unambiguous about search warrants being executed within seven days.
Judge Moran ruled that more than seven days had elapsed before the search warrant was exercised and therefore the evidence found on Judge Curtin's computer was not admissible.
Judge Moran said he therefore had no alternative but to direct the case be thrown out.
He criticised the prosecution in his written judgment for bringing the case to trial and making nonsensical arguments to support proceeding with the case when the warrant had plainly expired.