The Tanaiste, Ms Harney, was unwise to state in a newspaper interview that Mr Charles Haughey should be jailed, her party colleague, Ms Liz O'Donnell TD, admitted yesterday.
The Minister of State for Foreign Affairs said it was certainly the case that Ms Harney's comments had exacerbated the prejudice against Mr Haughey ahead of his trial, and this was clearly the finding of Judge Kevin Haugh.
"I think even the Tanaiste at this stage believes it was unwise to say that," she said, referring to the interview Ms Harney did several weeks ago.
However, she said it was now difficult for Ms Harney to speak about the issue. "I believe the Tanaiste is in a very difficult position. She is bound to say very little actually at the moment. She has been effectively gagged," she claimed.
Speaking on Today with Rodney Rice on RTE Radio, Ms O'Donnell said the issue might well be appealed to a higher court and consequently any comments by Ms Harney could have serious implications. She said Ms Harney would be taking the advice of the Attorney General in relation to comments about the case.
"We should consider the wider public interest, and that it is in the wider public interest that the Director of Public Prosecutions should explore these issues at a higher level," she said.
In relation to the scheduled appointment of the former Supreme Court judge, Mr Hugh O'Flaherty, to the European Investment Bank, Ms O'Donnell said: "I think it's fairly well known that our party has been fairly upset and damaged by this bad decision." She said: "I believe there is enormous pressure on those people who made that decision, and it is open to the Government to consider a reversal of it. It will have to be a collective Cabinet reversal," she said. The alternative was Mr O'Flaherty "walking away from this poisoned chalice", she said.
When asked should Mr O'Flaherty stand down, she replied: "It's not up to me to ask him to stand down. The man is capable of making his own decisions."
Asked if Ms Harney was wrong to say everyone would forget the issue three months from now, she replied: "I think she regrets saying that, because it's not true. It's not true that people will forget this. It has offended people's sense of justice.
"Although I take the point that governments cannot be seen to reverse decisions in cases where there is a public outcry, if that was the case there could be no proper government in any country. Any unpopular decisions would have to be reversed.
"However, this is not an issue of policy. It is an issue of misplaced political patronage, and I think at this stage, in the public interest, that decision could be neutralised in some way."
She said there was now sufficient public strength behind the view that it was a wrong decision for considered reflection by the Cabinet. She said an "injudicious" interview about the episode on TV3 and Today FM by Mr O'Flaherty had worsened the situation.