The Taoiseach has rejected claims that he misled the Dáil over the resignation of Mr Justice Flood from the planning tribunal, insisting he had revealed all facts as they became known.
With the Oireachtas due to approve the appointment of Judge Alan Mahon as the new tribunal chairman today, Mr Ahern yesterday moved to answer all questions that have been raised about the Government's handling of the affair.
He rejected claims that comments he made in the Dáil this week were designed to suggest he had known nothing of the judge's wish to resign, even though Mr Justice Flood had made this wish known three weeks earlier.
While the Taoiseach was shown a letter from Mr Justice Flood in late May saying he wanted to resign as chairman and did not want to hear applications from tribunal witnesses for costs, Mr Ahern told the Dáil on Tuesday: "I have not had an opportunity to study all the legalities in the few hours since I have been made aware of these issues."
However, Mr Ahern insisted yesterday that in making this comment, he was referring to the fact that just a few hours earlier he had had the first opportunity to hear the Attorney General's detailed legal assessment of the issues arising from Mr Justice Flood's position.
He said he had not mentioned the communications with Mr Justice Flood that took place in late May until this week because the Flood tribunal had asked him not to. He mentioned it this week because circumstances had changed, as the judge had now resigned.
In relation to the letter of June 16th from Mr Justice Flood stating his wish to resign, the Taoiseach said he had not circulated this until June 24th because he wanted a Cabinet discussion on the matter to take place first. "Simply to have circulated the letter would have given rise to wild and damaging speculation that would be contrary to the best interests of the tribunal established by the Oireachtas," he said.
Meanwhile, a spokesman for the Minister for Justice, who yesterday published the Bill designed to set up a new type of inquiry, said yesterday that Mr McDowell was not aware Mr Justice Flood was considering resigning until around June 19th or 20th, some three weeks after the judge had first raised the issue.
The spokesman believed the Minister had been told when he needed to be told and had no problems with the timing.
In this he echoed the view of the Tánaiste, Ms Harney, who said she was also not told of the situation for more than three weeks after it first arose, but she had no problem with this.
The Fine Gael leader, Mr Enda Kenny, said the Taoiseach had only himself to blame for the fact that he had been accused of misleading the Dáil.
"Last week, on 24th and 25th of June, he failed to reveal that Justice Flood's intentions had been under discussion with his Government for at least a month," he said. "He clearly gave the House the impression that he had only learned of Mr Justice Flood's wishes on Tuesday."
The truth was that the Government had been aware since the end of May of potential legal problems concerning costs arising from any resignation by Mr Justice Flood, he said. Yet the Government had failed to prepare the necessary legislation in time to have it brought before the House in this session.
The tribunal would not now be able to hold hearings on costs until the legislation is passed in October or November 2003. "The Government could and should have prepared the necessary Bill in recent weeks and permitted the tribunal to get on with this essential work," Mr Kenny said.
Mr Justice Flood yesterday declined to comment further on the issue, with sources close to him saying that he saw the matter as closed.