TO LOSE a Minister for Justice would be a misfortune to lose an Attorney General as well could bring the Coalition Government to ruin. What had appeared to be yet another monumental administrative cock up within the most secretive and hide bound Department in the State was last night taking on a deeper and more serious complexion. Dermot Gleeson was directly implicated in the fiasco. And Fianna Fail was sniffing blood.
Having fallen from power through a controversy which involved the Attorney General's Office in 1992, Fianna Fail is super sensitive in such matters. And the possibility of linking Mr Gleeson and Mrs Nora Owen in a catalogue of failures wash just too politically appetising for words. This time, however, the cement which holds the Coalition parties together is set fast. And the never resign tradition of Irish politics is in the ascendant.
Nora Owen made no attempt to defend the debacle. It was "an issue of great seriousness," she said. And unfortunate lapse in procedures. The Minister even found it in herb heart to agree publicly with Dick Spring that the episode was "embarrassing You can't get much lower than that.
The nub of the issue is simply stated. Last August, the Minister brought a proposal to Cabinet, in the presence of Mr Gleeson, designed to replace Judge Dominic Lynch on the Special Criminal Court with Judge Kevin Haugh. Judge Haugh was subsequently advised by the Department of Justice of the changes agreed by Government. Judge Lynch was not. He continued to serve in the court.
It was October 2nd before alarm, bells began to ring. The Attorney General wrote to Mrs Owen advising her "there was an impression amongst the judiciary that Judge Lynch was still a member of the Special Criminal Court". Arcane language or what?
The Minister said this letter was never brought to her attention. It was sent to the courts section for attention. Nothing happened. Letters were prepared for Judge Lynch but never sent. The judge continued to remand prisoners.
After four weeks of official inaction, Mr Gleeson tried again. The letter to Mrs Owen was more specific: "Judge Lynch still appears to be functioning as a judge of the Special Criminal Court." And he warned this could create "legal difficulties". Last Tuesday, the Minister caught sight of the document "one my way to a meeting in Dublin Castle". It had spent from Friday to Tuesday in the post.
LIGHTS. Action. Mrs Owen blurs into overdrive and demands clarification from the Courts division. The manure is well and truly hitting the fan. Chinese walls within the Department of Justice come tumbling down. The Garda is consulted. So is the Director of Public Prosecutions. And the Attorney General.
It turns out the Secretary of the Department knew less than Mrs Owen. But he immediately got on the case. A phone call to the DPP established that the issues raised "did not involve a flaw in the criminal proceedings themselves but related, rather, to the capacity of the court to make valid decisions". The DPP raised the matter with the Attorney General.
Two hours later, the Attorney General advised that the 16 high security prisoners involved should be released as soon as possible. The DPP advised that they should be rearrested and brought before a properly constituted Special Criminal Court. And the gardai, prison officers and the Army were drafted in to ensure that nothing went wrong. The men were rearrested before they hit the street.
John Bruton is standing by Nora Owen. Neither of them believes officially this is a resigning matter. And efforts are being made to insulate Mr Gleeson as much as possible. The wagons are being circled within Government. As a sop to public concern, Mrs Owen decided to bring outside investigators into the hallowed fortress of Justice from the Department of the Public Service!
Bertie Ahern was amazed by the saga of incompetence. And he asked the most potent question in the Dail. How in the name of God were they expected to believe that more than four weeks went by without Dermot Gleeson raising the matter in conversation with Nora Owen at Cabinet? "Do ye talk at all?" he queried.
For the 14th time since she took office in 1994, John O'Donoghue, spoke of the need for Mrs Owen to consider her position. The Fianna Fail spokesman confessed he took no pleasure in calling for her resignation.
Liz O'Donnell drew parallels between what had happened on this occasion - letters not being seen by the Minister and a failure of systems - with what had happened in the Harry Whelehan/Matt Russell saga. And Mary Harney thought a resignation, if not two, was in order. Lack of political accountability could become an issue of confidence in the entire Government, she said.
The opposition parties are preparing to dine lavishly on this extraordinary episode. And they won't be fobbed off by some hand wringing," and finger pointing by the accident prone Minister. Fianna Fail wants a special Dail debate. For the first time, there is a real chance to put a dent in Fine Gael's armour.
Just when Fine Gael thought it had the law and order issue hacked and was full steam ahead into a November bail referendum debate this happens. Nora Owen has landed them in it again. Some Fine Gael backbenchers were underwhelmed. Labour Party and Democratic Left TDs just rolled their eyes.
