NO BLAME will be attached to the Minister for Justice, Mrs Owen, in the report into how Judge Dominic Lynch was not informed of his removal from the Special Criminal Court.
The Minister received the report of the independent inquiry last night and will discuss it with her Cabinet colleagues this evening.
Confirming that the Minister had received the report, the Department of Justice last night said that she would deal with its contents in the Dail. The details of the timing and format of the Dail debate would be worked out by party whips.
In spite of the defeat of the Opposition motion expressing "no confidence" in the Minister last week, Mrs Owen is certain to come under renewed political pressure in the House on the basis of the inquiry's report.
Cabinet appraisal of the report, and its subsequent publication, has been postponed because of the death of the Cathaoirleach of the Seanad, Mr Liam Naughton, whose funeral takes place today in Athlone. Government sources said they expected that its publication would take place either immediately after the Cabinet meeting or tomorrow.
The failure to alert Mr Justice Lynch of his delisting led to the release and re arrest of 16 high security prisoners and caused acute embarrassment to the Government. Mrs Owen ordered an immediate inquiry, conducted by the former secretary at the Department of Finance, Mr Sean Cromien, and an independent consultant, Dr Edmond Molloy.
Mrs Owen last night thanked the two men for conducting the work "in a thorough and conscientious way and within such a short time scale".
The inquiry, which involved interviewing officials in both the Taoiseach's and Mrs Owen's Departments, examined the failure to communicate the Cabinet's decision on August 1st last to terminate the judge's appointment as a member of the Special Criminal Court.
In the light of the inquiry's mandate to establish how the failure occurred, the report will also outline procedural band administrative changes that should be implemented to ensure that there cannot be a repeat of the debacle.
There was serious concern over the fact that not only was the Cabinet decision not implemented but letters concerning the matter from the Attorney General, Mr Dermot Gleeson, and Mr Justice Lynch did not reach the Minister.
There was no expectation in Leinster House last night that the report could have any damaging ramifications for Mrs Owen since its terms of reference do not deal with the political aspect of the affair. The inquiry team was not charged with making a political judgement.
Meanwhile, Fianna Fail is insisting that dozens of questions on the affair to the Taoiseach and the Minister for Justice should be addressed in the Dail. Mrs Owen was due to face Question Time today but the House is not sitting until tomorrow as a mark of respect to the late Mr Naughton.
The Fianna Fail chief Whip, Mr Dermot Ahern, said last night he awaited the Government's proposals on how the matter would be handled in the House.
"We want the Taoiseach to adhere to his statement that he and the Minister for Justice will answer questions for as long as it takes. We do not want him to use the rules of the House to circumvent that," said Mr Ahern.