THE Fianna Fail leader described as "arrogant" the Taoiseach's claim that there was a high level of trust keeping the Government parties together.
"What about public trust, Taoiseach? Does that not matter at all to you?" Mr Bertie Ahern asked. He claimed Mr Bruton had no interest in people outside the House, as he defended the indefensible and rarely apologised.
Mr Ahern insisted that the inquiry set up by the Minister for Justice was a "joke". When Mr Bruton interjected to say that Mr Ahern was referring to individuals of high repute, the Fianna Fail leader said the inquiry was into administrative decisions and was not central to the issues.
It was not an inquiry into how a Minister went to the Cabinet and asked for a decision about a judge, went back to her Department and failed to implement it. Addressing Mrs Owen, he said: "Minister, what this House needs to know is not what civil servant did what. It, needs to know how you are so incompetent on every issue before you ... You are incompetent, you are culpable and you should resign."
What was being discussed went to the heart of the doctrine of democratic accountability, said Mr Ahern.
"We are not discussing some minor administrative or technical error, way down the line, which no Minister could be reasonably expected to know about. We are talking about a matter in the personal charge of the Minister, the relieving of a judge in the Special Criminal Court, and the appointment of another judge, decisions which she took to Cabinet. She had to be personally familiar with the issue, as did the Attorney General, as did the Taoiseach."
Indeed, said Mr Ahern, the decision was published the day after it was made, in The Irish Times on August 2nd on foot of a briefing [by the Government press secretary, in an article headed "Spring to act as Taoiseach while Bruton goes on holidays", by Ms Geraldine Kennedy. The article stated: "Government also appointed Judge Kevin Haugh ... to the Special Criminal Court to replace Judge Dominic Lynch."
Mr Ahern said he brought the article to the Taoiseach's attention in a question about the role of acting Taoiseach, which Mr Bruton finally replied to on October 8th, and it was surprising it rang no bells.
Mr Ahern said the Minister for Justice had a special personal relationship with the judiciary. She was present when the President conferred appointments on the most senior judges.
Such appointments were brought to Government, only after consultation with the Attorney General, so he was equally involved. The Minister was also responsible for seeing that the State's gratitude was expressed for long service in a court such as the Special Criminal Court, which was a particularly onerous responsibility.
"Yet in this instance three months passed, and a letter was still not ready for ministerial signature, to notify Judge Dominic Lynch that he was being relieved, as he had requested, and thanking him for his service.
The Minister clearly forgot about the matter. Another Minister, who paid more attention to what was happening in their office, might not have so readily forgotten. The Cabinet secretariat was able to have the decision published in Iris Oifigiuil within eight days.
Mr Ahern said last Thursday the Minister had not seen fit to mention the letter sent to her by Mr Justice Lynch. Revelation by drip-feed was totally destructive of confidence in Government.
"The mere suspicion of such a[ scenario was sufficient to lead Labour out of Government, not just once but twice in November and December, 1994. Where stands the Tanaiste today?"
Mr Ahern said that one of the curses of the current Government had been the determination of Mr Spring, with his legal background and his office, to act as a surrogate Minister for Justice, second-guessing all the Minister's proposals.
"In the last Government, the Tanaiste was more exercised about who would get the promotion in the High Court than about other more serious issues. In those crucial days of November two years ago, the old bar network counted more with the Tanaiste, who twice preferred to listen to an Attorney General of 48 hours standing, and then three weeks' standing, than to colleagues with whom he had served two years in Government."