War of words between Noonan and McDowell over AG's advice

The leader of Fine Gael, Mr Noonan, and the Attorney General, Mr McDowell, traded accusations following the release of Dublin…

The leader of Fine Gael, Mr Noonan, and the Attorney General, Mr McDowell, traded accusations following the release of Dublin West TD, Mr Liam Lawlor, from Mountjoy for the Dáil debate.

On Tuesday, Mr Noonan cast doubt over the Dáil's ability to hold a debate calling for Mr Lawlor's resignation unless he was present to defend his reputation.

He then urged the Minister for Justice, Mr O'Donoghue, "to make all necessary arrangements" to have Mr Lawlor temporarily released from Mountjoy.

During yesterday's extraordinary debate, Mr Noonan said the Government had "widely rubbished" his concerns both inside and outside the Dáil.

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Criticising the Attorney General, Mr Noonan alleged Mr McDowell has become diverted by his intention to run for the Progressive Democrats in Dublin South East.

"If he had taken more time in considering the approach to this debate rather than focusing on his election ambitions, perhaps the Government would have got better advice," alleged Mr Noonan.

The remark provoked a quick and angry response from Mr McDowell, who said Mr Noonan's proposal would have created a constitutional crisis between the Government and the courts.

The High Court's decision not to involve the State in yesterday's application by Mr Lawlor proved that the Government had no role in the issue, he said.

"Not for the first time, Deputy Noonan's criticism of me was ill-founded and displayed a fundamental failure to grasp the constitutional and legal realities," charged Mr McDowell.

The High Court, he said, had not raised any question over the Dáil's right to hold the debate, nor had it involved the Government in Mr Lawlor's ex parte application for release.

The Deputy's release was "a separate and distinct matter for the discretion of the High Court in the exercise of its jurisdiction to deal with contempt of court", he declared.

He went on: "The separation of powers guaranteed by the Constitution accords to the courts a power of decision as to whether prisoners serving a sentence for contempt should be released temporarily or otherwise."

The Parliamentary Legal Adviser to the Oireachtas, Ms Lia O'Hegarty, had correctly advised that the Dáil was not legally obliged to wait until Mr Lawlor was available, Mr McDowell insisted.

"I reject the somewhat waspish and misconceived suggestion by Mr Noonan that I have in any sense misadvised the Government on this issue," he declared.

The Fine Gael leader returned to the offensive and repeated his demand that Mr McDowell should step down as AG.

"The public are confused as to whether he is speaking as AG, as president of the PDs or as an election candidate," Mr Noonan declared.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times