Taoiseach Bertie Ahern is "trying to elevate to the status of a constitutional principle, his personal act of political self-preservation", Labour leader Eamon Gilmore claimed during a row about Mr Ahern's legal challenge to the tribunal.
However, Mr Ahern insisted that "it's not about protecting myself, it's about respecting the Constitution and the law". The Taoiseach added that he was "only saying in plain words that the Constitution should be enforced", and he was "left with no option but to follow the clear advice that I got, that I must stand by Article 15.13 under the Constitution".
He was responding to the Labour claim that "this last- minute rush to the court is to play for time, to delay the tribunal even further, add to its costs and to prevent the tribunal from asking the Taoiseach about things he said here in the Dáil".
Mr Ahern insisted that the tribunal was free to continue questioning him and there was "no reason for any delay in this". The only thing he would not do was "answers those questions based on circulated documents that are utterances in this House".
Mr Gilmore said: "it's a bit much to have him come in here today and try and convince us that he's doing this on our behalf to protect parliamentary privilege. Taoiseach you're doing this on your own behalf."
Mr Gilmore claimed that in other cases mentioned, deputies "went to court to protect the confidentiality of the sources of information they received. Mr Ahern is going to court to protect the confidentiality of the sources of money he received."
This was not about protecting parliamentary privilege, he insisted. "This is about 'pleading the fifth' and in doing so your adding to the delay in the tribunal.
"What is it you said in the House that you don't want the tribunal to ask you about. Could it be for example the statement that you made here on the 27th September 2006, when you said 'I paid capital gains tax and gift tax. It is not appropriate for me to spell out what I paid.' Is that what you're worried about?" He asked if it was the response to then Labour party leader Pat Rabbitte who had asked if there was any documentation on the circumstances of loans he had received.
"Mr Ahern had told the Dáil that 'there is comprehensive documentation and it is with the tribunal as well'. Are these the things you're concerned about," Mr Gilmore asked.
Mr Ahern said that "I did pay capital gains tax and I did pay gift tax, and I did give all the details on those issues and I did give comprehensive reports".
The tribunal was not free "to insist on asking me to go outside the constitutional provision, or to insist that I put documents which it's no right to have, and which they know they have no right to have, or they ought to have no right to have. That is the position".
