The Government is set to postpone a final decision about Judge Brian Curtin's future, following a Cabinet briefing today by the Minister for Justice, Equality and Law Reform, Mr McDowell.
However, the Government will face strong attacks in the Dáil this afternoon from the Opposition, which is demanding an explanation about the handling of the case by the Director of Public Prosecutions, Mr James Hamilton.
The prosecution on possession of child pornography charges against the Tralee-based judge was thrown out last Friday after it emerged that a warrant to search his home was used one day late.
The Minister has spent much of the weekend and yesterday afternoon in discussions with the Attorney General, Mr Rory Brady, about the limited options open to the Government.
However, he is not likely to put final proposals to the Cabinet when it meets in Farmleigh today: "The only anxiety that the Government has is that it does what is appropriate," said the Government spokeswoman.
Though Ministers were tight-lipped yesterday, it is unlikely any new legislation could be brought in to ensure the removal of the judge, who has 18 years left to serve, from the bench.
The Minister for Justice, however, has some time to play with since all of the other judges have been given their work load until September, so Judge Curtin would not be able to return to work before then.
Meanwhile, the decision of Fianna Fáil's Cork North Central TD, Mr Noel O'Flynn, to call on the judge to resign has been described by the Government as "unhelpful".
Despite warnings that public comment could affect Oireachtas action against the judge, Mr O'Flynn told RTÉ's News at One programme that he would have "grave difficulty" with Judge Curtin remaining on the bench.
"This case, as you know, has attracted unprecedented levels of publicity. I share that concern. But, in law, Judge Curtin has been declared innocent at the discretion and direction of the trial judge.
"I believe that this would not have happened if the prosecution had been properly processed by the Garda and the Director of Public Prosecutions' office. I am convinced that if the trial had taken place in normal circumstances in normal trial procedures that Judge Curtin would have had a very fair trial, and that he would have been pronounced innocent or guilty on the evidence before the court," declared Mr O'Flynn.
The DPP, he said, must explain publicly how a search warrant was used one day late.
He said he believed Judge Curtin's defence had pointed out the problem with the warrant to the prosecution "away back in 2002".
Calling on Judge Curtin to stand down, Mr O'Flynn said that it would be "better for him" given "the unprecedented public concern" to "consider his position".
Mr O'Flynn provoked a flurry of activity within Fianna Fáil and all TDs were instructed by repeated mobile telephone text messages not to comment on the case.
Fine Gael TD Mr Gay Mitchell, who is contesting the European elections, said: "This fell down because a warrant was not served in time. The Minister for Justice has to tell the Dáil why that is and address the public concerns raised because of it."
Labour TD Mr Costello said he would be looking for a special Dáil debate.
