THE Taoiseach has indicated that it would not be considered "appropriate or proper" for the Government to remove Mr Matt Russell from the post of legal expert to the European Commission for Democracy through Law.
Mr Russell, the former senior legal assistant in the Attorney General's Office, was known as "Official A" during the Brendan Smyth extradition controversy in the run-up to the fall of Mr Albert Reynolds's government. Mr Russell was forced to take early retirement last year in the row over his handling of letters from the solicitor for victims of the paedophile priest. The settlement included a lump-sum payment of £138,500 and an enhanced pension of £33,700.
Mr Bruton told the Progressive Democrats leader, Ms Mary Harney, in the Dail that Mr Russell was nominated as an independent expert to the European Commission for Democracy through Law on its establishment in May, 1990, by the then Taoiseach, Mr Charles Haughey, on the recommendation of the then Attorney General. He was renominated by his predecessor, Mr Reynolds, in March, 1994, for a further four-year term. He served in a personal capacity.
Mr Russell received no payment from the Exchequer but he was refunded normal travel and subsistence expenses.
The Council of Europe had made it clear it did not favour governments replacing their independent experts in mid-term, Mr Bruton continued.
Asked by Ms Harney if Mr Russell's continuation on the commission was part of the settlement deal, Mr Bruton said he understood the matter was mentioned during the negotiations but it was not part of the deal.
Ms Harney said the Taoiseach had told the Dail on May 30th last year that "we got a clear admission of error on Mr Russell's behalf". Since the Government nominated him, was it prepared to remove him?
Mr Bruton said: "While there are and were concerns at the way in which the Attorney General's Office was administered, there has not been a questioning of the legal competence of the person in question." The deputy leader of Fianna Fail, Ms Mary O'Rourke, referred to correspondence from Council of Europe officials recommending that Mr Russell be retained in his present position. "Does the Taoiseach accept that may be part of the old boys' network, or wheels within wheels? Does he accept that this was an arranged correspondence?"
Mr Bruton said he doubted if a body of the repute of the Council of Europe would allow any correspondence to go out in its name that did not represent the considered opinion of the body concerned. There was a letter to our ambassador, dated July 7th. Ms Harney agreed with Ms O'Rourke that these things could be arranged. The Taoiseach: "The reference made by Deputy O'Rourke to matters being arranged is causing an unintended aspersion."
Ms O'Rourke: "No. It is an intended aspersion."
Ms Harney said in the interests of accountability and as a gesture to the victims of Smyth, Mr Russell should not continue to represent Ireland in any capacity. Mr Bruton said Mr Russell did not represent Ireland or the Government, but was on the body as an independent legal expert. The only role the Government had was his nomination.
