The Flood tribunal is seeking the remains of documents allegedly burnt by Mr Liam Lawlor shortly before he went to jail last week.
The Dublin West TD, who is due to be released from Mountjoy jail tomorrow, could face further imprisonment if he is found to have withheld papers from the tribunal.
Meanwhile, Mr Lawlor's three mobile phones were handed over to the tribunal yesterday by the governor of Mountjoy, Mr John Lonergan, who was summonsed to appear at a special sitting of the tribunal.
Tribunal lawyers are understood to be interested in the numbers and messages stored on the phones, and the logs of incoming and outgoing calls. They will be stored in a safe until Mr Lawlor gives his consent to tribunal lawyers to access this information.
Tribunal staff contacted the Sunday World newspaper yesterday seeking to take possession of the credit card statements and other papers found near Mr Lawlor's Lucan home. No journalists were present at the time and the tribunal representative was told to ring back today.
The newspaper, which published creased and burned pages from papers it said were found on the road after they blew off a bonfire at Mr Lawlor's home, is expected to provide tribunal investigators with the documents.
Mr Lawlor's barrister, Mr Ray Delahunt, said he had yet to take instructions from his client on the allegation. He said he was aware of the newspaper article and was waiting to see if he could get access to see Mr Lawlor to discuss it with him.
The Labour leader, Mr Ruairi Quinn, said that if the newspaper report was true, the Taoiseach should reconsider his proposed Dail motion relating to Mr Lawlor.
According to Mr Quinn, Mr Ahern had suggested that the Dail delay expressing a view on whether Mr Lawlor should resign until November. However if the reported burning of records was true, "it has serious consequences for the Taoiseach's efforts to give Deputy Lawlor another chance".
Gardai in Lucan said they had received no information about the matter and were not investigating the alleged burning of documents.
At 1 p.m. yesterday, a Garda van entered the grounds of Somerton, Mr Lawlor's home in Lucan, and stayed for 15 minutes. Gardai later told The Irish Times the call was routine and had nothing to do with the newspaper report.
Legal sources say Mr Justice Flood can do little to prevent an action such as the destruction of documents. The chairman of the tribunal has no power to issue a warrant or enforce compliance with an order himself. However, the tribunal could contact gardai about the matter or it could bring the matter to the attention of the High Court, which made the original order for Mr Lawlor to provide the tribunal with all the financial and company documents he had.
Gardai could also investigate the matter independently, or on foot of information provided by a citizen. A search warrant can be obtained from a District Court judge within a few hours but gardai must be able to show they have a reasonable suspicion that the law is being broken.
Mr Lawlor is in jail because he was found to be in contempt of a High Court order issued in October. However, the tribunal has claimed, in a letter to the Director for Public Prosecutions, that the TD has also committed a criminal contempt by failing to co-operate with the tribunal. The penalty for "hindering or obstructing" the work of the tribunal is two years in jail and/or a £10,000 fine.