It is now clear that in August 2001 the Garda Síochána had information from Interpol concerning details of alleged customers of a company offering access to child pornography websites and that the name of Brian Curtin was included in that information.

On 25 May of this year, the Taoiseach informed me that Mr. Curtin was appointed a judge on the recommendation of the Judicial Appointments Advisory Board, of which the then Attorney General, now Minister for Justice, Equality and Law Reform, was a member. It is clear from section 14 of the Courts and Court Officers Act 1995 that the Judicial Appointments Advisory Board has the power to consult persons concerning applicants' suitability for appointment as judges. Will the Taoiseach inform me whether the board consulted the Garda before JudgeCurtin's appointment? If the answer to that question is "No", does that not mean there is a major shortfall in the operation of that board when recommending such sensitive and critical appointments? If contact was made, it appears likely that the appointment of Judge Curtin would not have happened and we would not now face uncharted constitutional territory before a committee of the Houses. Will the Taoiseach comment on that and has he moved to address this serious lapse in procedures?

As we know, Brian Curtin was appointed a judge of the Circuit Court almost three years ago in November 2001. On 27 May 2002, the Director of Public Prosecutions prosecuted Judge Curtin for knowingly having in his possession child pornography, which is contrary to section 6 of the Child Trafficking and Pornography Act 1998. Accordingly, the matter was dealt with on indictment in the Circuit Court in Tralee. The trial commenced on 20 April and ended on 23 April on the basis that the warrant on which the Garda searched Judge Curtin's house was sent on the day that it was executed, namely, 27 May 2002.

The fact that the name of Brian Curtin appeared on a list received by the Garda Síochána from Interpol in August 2001 was put on the record of the House by the Minister for Justice, Equality and Law Reform on 2 June this year during the motion regarding the procedure on Judge Curtin's removal from office. In fact that was the first matter referred to in the resolution. However, the Garda Síochána has confirmed that it did not advise the Minister for Justice, Equality and Law Reform at that time, Deputy O'Donoghue, or his Department of having received the list from Interpol. Brian Curtin from Tralee, County Kerry was one of more than 100 names on that Interpol list. Obviously the Garda investigation was required to ascertain who Brian Curtin actually was and whether or not it was he who personally accessed the sites. A garda in Harcourt Street was not to know that Brian Curtin was a senior counsel in Tralee who was at the time being considered by the Judicial Appointments Advisory Board for the Bench. Deputy Kenny is asking whether the judicial appointments board would have checked with the Garda. I cannot be certain that it did, but I would surmise it would not have, in a case like that. Even if it had carried out a security check on Brian Curtin, it is doubtful whether the information from the investigation would have been received at that stage. Security checks seek details of criminal convictions. At that stage a security check would not have shown up that he had a criminal conviction because he did not have one, and still has not.

Deputy Kenny's last point was that the procedures of the judicial appointments board should be amended so that it could be seen whether someone to be appointed had a criminal record or was on a Garda list. I am not sure how the Judicial Appointments Advisory Board would take that suggestion. However, he raised the question as to whether a security check was done. A security check is done on staff in many areas and I will look at that point. I cannot say for definite, but I believe it is unlikely, because of the people being dealt with. It is highly unlikely that the board carries out a security check on the type of people who would be on that list, but I will check that point.

Will the Taoiseach set in train a system whereby the Judicial Appointments Advisory Board should check with the Garda as regards appointments such as this? If a caretaker is being appointed to a school, a character reference is sought from the Garda. I had a distraught parent on the telephone last night who was unable to adopt a child because of a minor indiscretion with regard to a driving licence, I understand. As I understand the mechanics of the final approval for such an appointment, the current Minister for Justice, Equality and Law Reform who was then Attorney General was a member of the judicial appointments board, and the then Minister for Justice, Deputy O'Donoghue, and the Taoiseach would have had a final consultation about names under consideration. Does the Taoiseach recollect whether Deputy O'Donoghue, from that part of the country, made any comment about the suitability of the person being proposed for appointment? In his replies to me on 25 May this year, the Taoiseach said he would try to check whether the then Attorney General had any information to that effect. He appeared certain that he had not. Will he confirm what the position is now?

I will repeat that there is strong public concern over the necessity to have absolute clarity about appointments of such sensitivity and importance. It is necessary that the systems in place to supervise such appointments are seen to be absolutely above board and in the people's interest.

Deputy Kenny has raised two points. I may be incorrect, but I doubt that the Judicial Appointments Advisory Board or its secretariat or chairperson carries out security checks. I may be wrong, however.

They are entitled to under the Act.

Perhaps they do, but I just have a feeling they do not. I take the point, however. I believe the important position of an usher in this House involves a security check. I believe all positions are important and should be checked. I shall make that suggestion.

On the other aspect, we have spoken about this before, but at no time did either the Attorney General or the Minister indicate that they had any knowledge or information to show that Brian Curtin was an unsuitable person. I have checked that since. While the Minister could recall who Brian Curtin was, neither he nor the Attorney General had information as to his unsuitability.