In an unprecedented move, the leaders of all the main political parties in the Dail have agreed a joint statement expressing concern about the refusal of former Fianna Fail deputy Mr Liam Lawlor to appear before the Flood tribunal.
The High Court on Monday will consider the formal complaint by the tribunal about Mr Lawlor's behaviour.
There had been dispute throughout yesterday and the all-party move only came after lengthy negotiations between the parties. According to the Opposition, the 10-hour delay in devising the declaration was caused by the Government which was reluctant to include Mr Lawlor's name in the statement, because of legal concerns.
Eventually a statement titled "Joint Statement by Party Leaders Concerning Co-operation with the Flood Tribunal" was issued. "We are issuing this statement because of our concerns about the position taken by Deputy Liam Lawlor in regard to the Flood tribunal."
Government sources insisted the delay was because the Taoiseach had agreed to a statement repeating what he had said in the Dail yesterday morning, following advice from the Attorney General, Mr Michael McDowell, but that Labour and Fine Gael then said they wanted Mr Lawlor's name included.
The statement said the Flood tribunal had been established by the unanimous will of the members of the Dail.
"Every citizen, and even more so, every Member of the Oireachtas owes a legal, moral and democratic duty to co-operate with the tribunal, not to obstruct it and to comply with its lawful orders. We would expect any citizen and any members of the Oireachtas who disputed the validity or legality of any tribunal order to make his or her case to the tribunal and, if necessary, to the courts."
Mr Lawlor was present in the Dail chamber during heated exchanges on his failure to attend the tribunal on Tuesday, and the calls for his resignation by the Labour Party.
He told The Irish Times last night he would co-operate fully with the High Court summons made yesterday under the Tribunals of Inquiry Act 1997. "The High Court will give its judgment and set down the guidelines and I can appear before the tribunal."
He would be in court on Monday if he was needed there.
Mr Lawlor said he had no problem appearing before the Flood tribunal as long as he knew the allegations and who was making them. At present, he said, there was a list of very general allegations. "If someone has an allegation, they should come in and make it."
He agreed fully with Mr Ahern's assertions concerning the duty to co-operate and felt no animosity towards him or his former colleagues in Fianna Fail. "The Taoiseach is dead right and I agree with him I should appear before the tribunal, but I suppose the law of the land applies to me too. He is also dealing with the tribunals so I presume he is taking legal advice as well."
Mr Ahern said he did not wish to put at risk any of the remedies that had been initiated or were available to the tribunal under the 1997 Act, a fact which was stressed by Government sources last night. The possibility of someone refusing to appear before a tribunal had been provided for in the legislation, he said. Mr Lawlor said calls for a debate in the Dail were "grossly irresponsible", considering it was a matter to be dealt with by the courts. Asked why he had said during the discussion that he would welcome a debate, he responded: "I would have dealt with the inaccuracies that are being peddled."
The statement was signed by Mr Ahern, the Tanaiste, Ms Harney, the Fine Gael leader, Mr John Bruton, the Labour Party leader, Mr Ruairi Quinn, and Mr Trevor Sargent of the Green Party.