Opposition parties are to put pressure on the Taoiseach, Mr Ahern, when the Dáil resumes tomorrow to explain his decision to appoint jailed former minister Ray Burke to his first Cabinet in 1997, writes Paul Cullen.
The Fine Gael leader, Mr Enda Kenny, said it was "very unusual" that the Taoiseach had not commented on the jailing of Burke, who yesterday began a six-month sentence for tax offences in Arbour Hill prison, Dublin.
Mr Kenny claimed Mr Ahern had a "close relationship" with Burke, whom he had appointed to the post of minister for foreign affairs "des-pite warnings from many sources".
With Labour calling on the Taoiseach to apologise for the appointment, no senior Fianna Fáil figures were willing to comment yesterday on Burke's jailing. A number of party backbenchers were privately critical of Mr Ahern's judgment in the affair but refused to say anything in public.
There was a wide welcome last night for the sentence handed out to Burke, the first person to be jailed as a result of tribunal investigations and the first ex-minister in recent times to be imprisoned on criminal charges. He was jailed for failing to make tax returns on over £100,000 over a 10-year period between 1982 and 1991. With remission for good behaviour, he could be out by next May.
Opposition and Progressive Democrat politicians welcomed the news as a "watershed" event in the battle against tax evasion, as well as a demonstration that the tribunals were working well.
Passing sentence on the former minister for justice, Judge Desmond Hogan of the Dublin Circuit Criminal Court said that by giving incorrect information to the Revenue Commissioners, the former politician had committed a "breach of trust" relative to his position as a legislator in the Dáil.
Judge Hogan noted that Burke was a member of the Oireachtas which drew up the 1983 Finance Act under the provisions of which he was prosecuted. As a legislator involved in a process that affected the lives of everyone in the country, he had "abused a special position" by committing the offences.
Judge Hogan could have imposed a maximum sentence of five years, but took into account a number of mitigating factors. He noted Burke was now tax compliant, had paid considerable penalties to the Revenue Commissioners and had saved the State "a lengthy, costly and complicated trial" by pleading guilty at an early stage.
He also took into account his age and the fact that he is in poor health, suffering from depression and anxiety.
Burke (61), of Griffith Downs, Drumcondra, Dublin, pleaded guilty last July to knowingly or wilfully furnishing incorrect information during the government's tax amnesty of 1993 by failing to declare an income of £91,980.
He also pleaded guilty to knowingly or wilfully furnishing incorrect information to the Inspector of Taxes on or after December 15th, 1993, by failing to declare income of £24,038, bringing the total of undeclared income to £116,038.
The prosecution was taken by detectives from the Criminal Assets Bureau, using information on Burke's secret overseas accounts which were uncovered by the planning tribunal.
Judge Hogan refused leave to appeal in his court, but Burke's lawyers can still appeal the severity of the sentence to the Court of Criminal Appeal.
The Tánaiste, Ms Harney, said the jailing of Burke proved laws were being applied "without fear or favour" to every citizen. The Government was taking tax matters seriously and the tribunals were working well, despite criticism.
She expressed the hope that yesterday's event would mark "a watershed" in public life and that some of the things that happened in the past would never happen again. However, she said it had "nothing to do with the Government" because Burke was no longer in politics.
Ms Joan Burton, Labour Party finance spokeswoman, called on the Taoiseach to apologise to the Dáil over his decision to hand-pick Burke for the front bench. "The conviction and sentencing of Ray Burke will, I hope, mark a watershed in the battle against tax evasion and against illegality by those who hold public office," she said.