Fianna Fáil yesterday drew attention to its power to suspend members from the party as it awaited an explanation from a Dublin city councillor of how he was recently photographed hunched over white powder with a rolled-up piece of paper.
A Fianna Fáil spokesman said yesterday that the party's solicitors wrote to the solicitor acting for Cllr Liam Kelly last Friday asking for an explanation of the photographs taken from a short mobile phone video. Mr Kelly said on Monday that he had not received such a letter.
The photographs were published in the Sunday World 10 days ago. Mr Kelly has since denied that he was taking drugs in the photographs.
He has declined to explain what he was doing on the basis that there is a Garda investigation under way into a complaint by him that he was the subject of a blackmail attempt concerning the images. The full video, which has been posted on the Sunday World website, strongly suggests that the incident was filmed covertly.
The party has set no deadline for a response from Mr Kelly, but a spokesman yesterday reiterated the seriousness with which Fianna Fáil was taking the matter.
The spokesman noted that in its initial response the party had said that "the use and abuse of illegal substances is a very serious issue, and we are keeping the matter under continuing review".
He drew attention to Section 7 of the party rules which states that if the party general secretary receives information which establishes "a possible prima facie case" of "conduct unbecoming" a party member, that member can be suspended from the party on a "without-prejudice basis". The decision to suspend the member can be made by the officer board of the ardchomhairle, together with the general secretary, pending an investigation.
A complaint concerning a member's behaviour can then be investigated by a five-member sub-committee of the party's ardchomhairle. The member can be represented at this investigation which, according to a spokesman, "would adhere at all times to the party rules and the principle of natural justice".
If that investigation makes a finding of conduct unbecoming, the ardchomhairle meets to decide what penalty, if any, is to be imposed. No such process has been set in train in relation to Mr Kelly.
However the fact that the party has drawn attention to its disciplinary powers indicates it will consider taking action should a satisfactory explanation not come from Mr Kelly.
Mr Kelly yesterday said he had nothing to add to remarks he made to the press on Monday. He said then that he had no intention of resigning from the party or from Dublin City Council.