Fine Gael has commissioned legal advice which it says suggests that the Minister for Enterprise Micheál Martin breached ethical guidelines by asking a senior civil servant to brief a Fianna Fáil parliamentary party meeting.
Yesterday Fine Gael's enterprise spokesman Phil Hogan said the advice suggested Mr Martin had broken the rules because the meeting was not a cross-party one and could therefore be seen as party political.
Last November civil servant Gerry Donnelly briefed Fianna Fáil TDs and Senators about the Department of Enterprise's advice and proposals relating to the controversial ban on below-cost selling, which the Government decided to follow.
Mr Martin has rejected Fine Gael's claim and said it was normal practice for civil servants to brief Oireachtas members on legislation and regulations, especially complicated ones. A spokeswoman for Mr Martin said the facility was open to all TDs and Senators, including Opposition politicians.
Yesterday Mr Hogan rejected this interpretation of the ethical guidelines on officeholders.
"It is clear that Minister Martin does not understand the rules and procedures relating to his position as Minister," he said. "The Minister's office may legitimately claim that officials provide briefings on issues to Oireachtas members on a cross-party basis. However, the meeting in question is different as it involved the Fianna Fáil parliamentary party, and was not a cross-party gathering."
He cited the legal advice which stated that the Fianna Fáil parliamentary party meeting was a party political gathering.