A call was made in the Dáil yesterday for the Minister for Justice to make a statement to the House about the tax settlement issue of the planning tribunal chairman, Judge Alan Mahon.
The Green Party leader, Mr Trevor Sargent, called for Mr McDowell to "explain why we are only now hearing of this matter".
His comments followed a statement by the Minister for Defence, Mr Smith, to the Dáil that the Government "accepts unequivocally the suitability and integrity of Judge Alan Mahon, both as a judge and as chairman of the tribunal", a statement accepted by the opposition.
Judge Mahon confirmed on Tuesday that he had made a £20,000 (€25,400) tax settlement to the Revenue Commissioners in 1992. As attorney general, Mr McDowell was on the board which advised the Government on the appointment of Judge Mahon as a Circuit Court judge last year, but the Minister for Defence told the Dáil the proceedings of the board were confidential.
Mr Sargent, who said he appreciated the Government statement, asked "that the Minister [for Justice] make a statement explaining why, knowing about the matter, he did not inform the Government.
"The matter needs to be clarified before we can go further. It should not affect the work of the tribunal, which needs to proceed as quickly as possible with its job."
Mr McDowell has not said whether he drew the Government's attention to Mr Mahon's past tax issue.
Mr Smith, who led the Order of Business when the Dáil's agenda for the day was set, said that Judge Mahon had made it clear in a public statement last night that, prior to his appointment as a judge, he had disclosed in his written application to the Judicial Appointments Advisory Board the fact that he had concluded a tax settlement with the Revenue Commissioners in 1992.
"As the House will be aware, the board was established for the purpose of identifying persons and informing the government of the suitability of those persons for appointment to judicial office.
"That board recommended Judge Mahon as being suitable for appointment to the bench. The Government accepts unequivocally the suitability and integrity of Judge Alan Mahon, both as a judge and as chairman of the tribunal."
The Fine Gael leader, Mr Enda Kenny, who raised the issue, said the statement left one question unanswered, and suggested: "Perhaps it would be appropriate for the Government to clarify the information available to it when it approves appointments based on recommendations from the Judicial Appointments Advisory Board".
The Labour leader, Mr Pat Rabbitte, said his party was in agreement with the position of the Government.
