A Government motion to establish a process that could lead to the removal of Judge Brian Curtin from office will be presented by next Tuesday, the Taoiseach has confirmed.
Mr Ahern told a sombre Dáil that the Government would prepare the motion to establish a joint committee of the Dáil and Seanad which would hold an in-camera hearing into the controversy surrounding the Circuit Court judge who was acquitted of child pornography charges.
The committee would record the evidence and issue a report but "will not be making findings of fact or making any recommendations".
The Oireachtas would then make a decision on the judge's future.
It will not be able to compel the judge to attend but can compel witnesses to produce the evidence, Mr Ahern stated.
Outlining the details of the process and the reason for it, the Taoiseach said that the Government Secretary had written to the judge and had given him a two-week extension on its original deadline, to "explain and address the apparent circumstances of access to and downloading from a website of child pornography".
In reply, his solicitors said it would "not be constitutionally appropriate for him to answer questions asked by or on behalf of the Government or to give an explanation to it in circumstances where the Government was clearly contemplating a process designed to remove him from office".
However, the solicitors did say that the judge would respond "appropriately" to the Oireachtas to which he was answerable.
Mr Ahern said the purpose of the letter was to enable him to "provide explanations and comment on these apparent circumstances which were not connected with any exercise of judicial functions, so that Government would then be in a position to make a fair and objective assessment of whether grounds existed to bring resolution for his removal".
He reiterated that "there will be no sweetheart deals" on the case and stressed that the process would be dictated only by fair procedures and there would be due process for Judge Curtin.
Seeking all-party support, Mr Ahern said there was "no basis for partisan political interests". The motion would be drafted "to invite the House to establish a joint committee to investigate matters of public concern in relation to Judge Curtin's conduct".
The role of the joint committee "will be to receive, record such evidence by way of video, transcripts, exhibits and transmit it to the House by report".
Mr Pat Rabbitte, Labour leader, said of impeachment that while "we do have the powers, we don't have the procedures".
He asked about the implications for the committee of the Abbeylara case into the shooting dead of a man by gardaí, where the Oireachtas committee hearings were ruled impermissible because the findings might adversely reflect on the reputation of a citizen.
Mr Ahern said that any similarity to the Abbeylara case would be dealt with by having the hearings in camera. He said the hearings would be established under article 35.4 of the Constitution.
Mr Rabbitte asked how the Taoiseach could impose the compellability Act since the Act exempted judges expressly and "are there any precedents for the route that we may now be embarked on".
The Taoiseach said: "The judge is not compellable if he wishes not to be but witnesses to produce the evidence are."
The Labour leader asked about the level of information that would be provided.
Mr Ahern replied that all information would be made available to the committee including the reports of the Garda Commissioner and the DPP and "there are precedents from the 19th century".
