Mr Liam Lawlor has launched a pre-emptive strike against the Fianna Fail report into payments to politicians which is to be published today and threatens his political career.
In a move that has added to Fianna Fail fears of legal action, Mr Lawlor has written to the party saying the inquiry has exceeded its remit in examining payments he received after he lost his Dublin County Council seat in 1991.
Mr Lawlor confirmed to The Irish Times last night that he believes payments he received after 1991, including some £40,000 he has admitted receiving in consultancy fees from the political lobbyist, Mr Frank Dunlop, are not relevant to the inquiry. He is believed to have first made this point to the party last week.
There has been widespread speculation that Fianna Fail will take disciplinary action against the Dublin West TD arising from the inquiry report.
The Fianna Fail inquiry was prompted by Mr Frank Dunlop's revelations at the Flood tribunal that he made payments to nearly 30 politicians who were either sitting or former members of Dublin County Council.
Mr Lawlor would not comment last night on speculation that he might resign. However, he denied reports that party backbenchers had asked him to do so. "I'm awaiting the publication of the report to see if it is factual. I haven't a clue what I will do after that," he said.
The report will raise serious questions about payments received by Mr Lawlor in the 1980s and 1990s. It will also raise questions about money received by other Dublin party councillors and former councillors, including at least one other Oireachtas member.
Mr Lawlor's letter signals that he believes the party is not entitled to take any disciplinary action against him arising from payments he received since 1991. The inquiry was set up to examine any payments made to party councillors between 1985 and 1999. Mr Lawlor maintains that because he lost his Dublin County Council seat in 1991, payments to him after that date are excluded from the inquiry's remit.
While Fianna Fail TDs and senators will be given the report today, it is the Taoiseach who will decide whether disciplinary action against any individuals is warranted. Mr Ahern is believed to have already received a final draft of the report but is understood not to have let senior colleagues know his response to it.
The report is expected to be released at 1 p.m. today in Leinster House. Parliamentary party members will meet later this afternoon to consider its content. While the report will not recommend action against any individuals, the prospect of the parliamentary party chairman and chairman of the inquiry, Dr Rory O'Hanlon, proposing some action was not ruled out last night.
The part of the report dealing with Mr Lawlor is understood to be the longest by far of the separate segments dealing with each sitting and former Dublin County Council member interviewed by Fianna Fail's Standards in Public Life Committee.
The report comments on the level of co-operation given by individuals in this inquiry or previous ones and contains general recommendations in a number of policy areas including possible reform of the land zoning process.
The section of the report dealing with Mr Lawlor is understood to refer in detail to payments he received after 1991. Mr Lawlor last night disputed the inquiry's right to examine such payments, saying "their concern is: did anyone while a member of the council receive any payment in relation to how they voted".
The inquiry is understood to have examined the costs incurred by various members in running election campaigns and constituency offices, leaving open the possibility that the report will ensure such costs incurred will now be opened to wider scrutiny.