A senior member of the Fine Gael-Labour coalition of the 1970s has said Cearbhall Ó Dálaigh should have taken Paddy Donegan's alcoholism into account when acting on the "thundering disgrace" affair.
Richie Ryan, then minister for finance, said that then minister for defence Paddy Donegan's comments about the actions of the then president being a "thundering disgrace" were made when Mr Donegan was "in a fit of intoxication" during a period of extreme personal pressure.
". . .He of course should not have said it, but the president knew well that Paddy Donegan had been an alcoholic and that what had happened had happened when he had more drink than he should have taken.
"Instead of overlooking the matter or accepting the apology when it was made, he made a big song and dance about it. I find it difficult to reconcile that with his previous statements that an alcoholic should receive sympathy and medical treatment and not be punished," Mr Ryan told RTÉ.
The president resigned in 1976 after the then taoiseach, Liam Cosgrave, refused to accept Mr Donegan's offer of resignation.
According to Mr Ryan, who spoke to RTÉ political correspondent David McCullagh for a special RTÉ programme about the 1976 archives, Behind Closed Doors, broadcast last night, Mr Donegan's remarks were made when he was under considerable pressure.
Another cabinet minister at the time, the former minister for justice Paddy Cooney, who attended the dinner in Mullingar Army barracks at which the remarks were made, said Mr Donegan was speaking about the decision of the president to refer emergency anti-terrorist legislation to the Supreme Court, rather than to the president himself.
Mr Cooney also said that contrary to rumour, "there were no expletives" uttered by Mr Donegan.
"I knew as a lawyer, I knew [what Mr Donegan said] was, as we say, constitutionally improper and could have political consequences.
"I took it on myself to inform the taoiseach and matters carried on from there," Mr Cooney told RTÉ.