Parties unite in urging Molloy to go

The Opposition last night united in a call on Progressive Democrats Minister of State, Mr Bobby Molloy, to quit, following his…

The Opposition last night united in a call on Progressive Democrats Minister of State, Mr Bobby Molloy, to quit, following his "scandalously inappropriate" approach to a High Court judge dealing with an horrific rape case.

Fine Gael TD Mr Alan Shatter, the party's spokesman on justice, declared: "Minister Molloy should recognise that his position as a Government Minister is no longer tenable and he should resign."

Rejecting the Minister's explanation, Mr Shatter went on: "Neither the Minister nor any official from his Department, or constituency officer, had any business seeking to contact either a judge of the High Court, or the judge's secretary, concerning any communication relating to a pending criminal case or one at trial."

From his 36 years in the Dáil, Mr Molloy "should have been aware that it would have been completely inappropriate for a trial judge in a criminal case to have regard to any written communication forwarded to him in relation to the case".

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"In the circumstances he had no business involving himself in an inquiry as to whether any such written communication had been received."

The controversy, said Mr Shatter, had to be set against the backdrop of the furore surrounding approaches made by former Supreme Court judge, Mr Justice Hugh O'Flaherty, in the case of Philip Sheedy, who pleaded guilty to dangerous driving causing death and drunk-driving.

Given Mr Molloy's knowledge of that case, Mr Shatter said his conduct now was "inexcusable". "If a minister of a different political party so behaved, the Progressive Democrats would automatically demand the Minister's resignation.

"Government Ministers have a distinct and separate constitutional role from that of the judiciary whose independence guarantees the proper administration of justice. Mr Justice Philip O'Sullivan behaved correctly in drawing public attention to these events," he said.

Labour's Deputy Leader, Mr Brendan Howlin, the party's justice spokesman, said: "It is difficult to see how either the Taoiseach or the Tánaiste could consider retaining Deputy Molloy in his current position."

The Minister of State "has crossed the dividing line that separates the Executive from the judiciary. This is a cornerstone on which our democracy is built and Minister Molloy must take full responsibility for his actions," he declared.

Despite Mr Molloy's attempts to clarify his actions, Mr Howlin said there were "still significant conflicts" between the accounts of Mr Justice O'Sullivan and the Minister. "Such a monumental error of judgment might have been forgivable had it been made by a political novice serving a first term in the Dáil, but Bobby Molloy is one of the most experienced members of the Dáil who has served at Cabinet level on a number of occasions," he went on.

Turning the focus on the Taoiseach, Mr Ahern, and the Tánaiste, Ms Harney, Mr Howlin said both had "a particular responsibility to ensure that their Ministers respect the separation of government and the courts".

Up to now, the Taoiseach had refused "to take a stand" on issues like this.

"But are we now to conclude that the Tánaiste is also prepared to turn a blind eye to such unacceptable conduct by one of her colleagues?"

Last night, the Green Dublin South East TD, Mr John Gormley, joined the resignation calls.

"He has confirmed that an improper approach was made. It is only right and proper that he resigns.

"The Progressive Democrats claim to expect the highest standards in public office. Consistency then demands that he resigns forthwith."

Sinn Féin Dublin South West candidate, Mr Sean Crowe, said the Minister of State must "give serious consideration" to his future as Minister of State for Environment and Local Government.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times