Judge Brian Curtin has today written to the President, via the Taoiseach, conveying his resignation, on the grounds of ill health, from the Circuit Court under section 6 of the Courts (Establishment and Constitution) Act, 1961. His resignation is effective from today's date.
Under the Constitution, the pension entitlements of a judge are regulated by law. A judge who resigns owing to permanent infirmity may then apply for the payment of a reduced pension. This is a statutory entitlement to which he or she is objectively entitled and there is no provision for this pension to be refused once the infirmity is established. But the judge must establish that he resigned owing to permanent infirmity.
There is no question, however, of any payment over and above the statutory entitlement and this issue does not arise. No deal or arrangement has been made with Judge Curtin by the State.
The Tánaiste said: "As the Minister who moved the relevant resolution in the Dáil, I would like to thank Deputy Denis O'Donovan and his Committee, including their legal advisors, for all the work they have successfully done in what were largely uncharted waters. I now propose to finalise the Judicial Ethics legislation on which I have been in consultation with the judiciary."
13 November 2006.