There are no plans for a Dáil motion to censure the Socialist Party TD, Mr Joe Higgins, for defying the High Court over the bin-charges protest.
Neither Government nor opposition plans such a motion despite the Taoiseach yesterday comparing Mr Higgins's case to that of Mr Liam Lawlor.
Speaking to reporters yesterday Mr Ahern recalled that the Dáil had voted unanimously to censure Mr Lawlor for defying the High Court. Mr Higgins was sentenced to a month in jail last Friday for defying a court injunction against obstructing bin lorries in protest against charges in Fingal council area.
Mr Higgins's action constituted a very serious offence, said Mr Ahern.
While it was essentially a matter for the Oireachtas, all parties had unanimously agreed the principle that those who are in defiance of the High Court should be censured.
However, a Government spokeswoman said there were no plans for a fresh Dáil motion, and the Taoiseach had simply been pointing out that in 2001 during the Lawlor affair all parties had agreed that defiance of the High Court was a resigning matter.
Fine Gael and Labour indicated they would not support such a move. Fine Gael said it would only give Mr Higgins a fresh platform, while Labour said the circumstances of the jailing of Mr Lawlor and Mr Higgins were very different.
A Fine Gael spokesman condemned the Socialist TD for breaking the law in his protest against the charges. However party sources said they did not believe a Dáil motion of censure would be wise, as it would only give the protesters more publicity.
Mr Higgins was sentenced to one month in prison last week for defying a High Court injunction prohibiting him from obstructing refuse collections in Dublin.
Mr Ahern noted that the Dáil had voted unanimously to censure Mr Liam Lawlor for his defiance of the High Court in relation to the Flood Tribunal.
That Dáil motion, signed by all party leaders, called on Mr Lawlor to consider his position as a member so the Dáil. The Taoiseach remarked that both he and Higgins had voted for it.
Responding to questions on the issue yesterday, a Fine Gael spokesman said it was "grossly irresponsible for a Dáil deputy to be using an unlawful means of protest, and more importantly, to be encouraging others to protest unlawfully.
"Joe Higgins should immediately desist from encouraging others to protest in this fashion and purge his own contempt," the spokesman said.
A Labour Party spokesman said the background of Mr Lawlor's and the Higgins cases were substantially different.
"Liam Lawlor was under investigation by a tribunal concerning allegations of corruption. The Higgins affair involves a different set of circumstances," he said.
While only the courts could decide to release Mr Higgins and his colleague, Ms Clare Daly, from jail, the Government should have talks with Fingal County Council to seek a solution that could lead to their release.