European Commissioner Pee Flynn is accountable only to the European Parliament, so despite their efforts, the Taoiseach, the Tanaiste, the Opposition and indeed the entire Dail can't force him to explain the £50,000 donation from property developer Tom Gilmartin. Both sides know this.
The only censure the Government can impose is to fail to reappoint him when his term is up at the end of the year. Indeed, it was Flynn's efforts to head off Bertie Ahern's reluctance to do so that led to his disastrous outburst on the Late Late Show. Fine Gael is contemplating a motion of no confidence in the Commissioner in the Dail next week.
To date our MEPs have been reluctant to involve themselves. Pat Cox, the leader of the Liberals and the most highly placed of the Irish, says his group has never discussed the Flynn issue in procedural terms by tabling a question or calling for a statement, because the issue at stake has nothing to do with his European role. But that doesn't mean, says Cox, that the Flynn controversy won't come up if the expert report on fraud, mismanagement and nepotism is severe on the Commission.
Other Irish MEPs take a similar line. Green Patricia McKenna says their advice is that since the controversy occurred before and is unconnected with Pee's European role there is little that can be done. But, ever the legal eagle, she says that under Treaty Articles 157.1 and 160 on competence, independence and misconduct, there may be a way to censure him.
The report on Commission skulduggery from the so-called five wise men (one of them a woman), who are getting an amazing £13,500 a month for their trouble, will be presented to group leaders on March 15th and released the following week. It centres on allegations against French Commissioner Edith Cresson and the Spaniard Manuel Marin.
But if the report is broader, the Flynn issue - which is known in Europe but viewed as domestic - could arise in the Parliament debate. By then the Agenda 2000 negotiations should be concluded, and the view that to criticise Flynn could damage Ireland's case would no longer hold.