The Tánaiste, Michael McDowell, has strongly denied claims that he had anything to do with the arrest of a journalist and a Garda sergeant two days ago as part of an investigation into the leak of the draft report of the commission of investigation into the Dean Lyons case.
The Minister for Justice said the secretary general of his department, Seán Aylward, told him on August 10th last that he had decided to make a formal complaint seeking an investigation by the Garda Síochána.
"He advised me by phone of his intention to do this. I was on a family holiday at the time.
"He made it clear to me that his decision was not being submitted to me for any form of approval or consent.
"He further advised that it would be both unnecessary and inappropriate for me to be involved in any way in this decision.
"The secretary general contacted a deputy commissioner of An Garda Síochána to make the complaint verbally.
"This was followed up by a formal letter issued on 14 August 2006 setting out the situation insofar as it was known to the department," said Mr McDowell in a statement.
Earlier yesterday Opposition TDs claimed in the Dail that the Garda investigation which led to the arrest of journalist Mick McCaffrey had been instigated by the Tánaiste but during furious exchanges the Minister maintained: "I had no hand, act or part in the arrest of those men.
"I did not request anyone to make a complaint."
"I know, like and respect Michael McCaffrey whom I have met in the course of his work. . . I have met him on a number of occasions in a social and professional context. I bear him no ill-will whatever. I have always found him to be a fair-minded, hardworking and decent journalist.
The National Union of Journalist (NUJ) said it had never accused Mr McDowell of instigating the investigation into the leaked report which led to Mr McCaffrey's arrest.
However NUJ Irish secretary Seamus Dooley said he would challenge the priorities of Department of Justice secretary general Seán Aylward, whose complaint to gardaí sparked the criminal investigation.
Last night Mr McDowell outlined the sequences of events in the case.
He said that on July 28th last George Birmingham SC presented him with his report in relation to Dean Lyons at the Department of Justice and it was agreed that the report would be published on September 1st.
"On 10 August, 2006, my department's press office received a phone call from a journalist in the Evening Herald indicating that he had a copy of the report and seeking confirmation that the report was finalised.
"On the advice of a senior official, the department's press office drew the attention of the journalist to section 37 and section 50 of the Commission of Investigation Act 2004 as there was a possibility that the Evening Herald might be committing an offence as being an accomplice to a person contravening section 37 in publishing any material.
"A number of articles purporting to include quotes from Mr Birmingham's report did appear in the Evening Herald on 10 August.
"The text of the Evening Herald articles were checked against the text of the final report and in at least one of the quotations, the article in the Herald appeared to follow the wording of the draft report and not the wording of the final report," said Mr McDowell.
He said this was a cause of great concern to the officials in his department as there was a real danger that if the provisions of the Act were to be flouted without sanction, the whole mechanism could be undermined.