An Opposition demand that the Dail call on the Dublin West TD, Mr Liam Lawlor, to resign his seat, if he fails to attend the Flood Tribunal, was ruled out of order.

The Fine Gael and Labour leaders raised the issue with the Tanaiste, who was taking the Order of Business in the absence of the Taoiseach. Ms Harney expressed regret that Mr Lawlor, who has resigned the Fianna Fail whip, had failed to attend the tribunal.

The Leas Cheann Comhairle, Dr Rory O'Hanlon, said standing orders did not allow for an Opposition resolution to be taken on the issue.

The matter was first raised by the Fine Gael leader, Mr John Bruton, who said a member of the House, supporting the current Government, had refused to attend before a tribunal, established by the Dail, and his case was being referred to the Director of Public Prosecutions (DPP).

"Would the Tanaiste agree it is important that we, in this House, be seen to act together, to express our support for the tribunal in this situation, and, also, to express our condemnation of any member of the House who fails to co-operate with the duly-appointed tribunal?"

Mr Bruton suggested that the House pass a resolution, if necessary without debate, because he knew there would be no disagreement, condemning Mr Lawlor's behaviour.

The Labour leader, Mr Ruairi Quinn, referred to the "extraordinary contempt" which Mr Lawlor had displayed to a tribunal which h ad been established unanimously by the Dail.

"Would the Tanaiste agree now that it is time for this deputy to, forthwith, offer his resignation? Would she agree with Deputy Bruton that we should, without debate, pass unanimously a resolution to that effect in this House?

"The example being set by Deputy Lawlor for every other citizen in this country is unparalleled, and this House, and the very integrity of this House, and the very integrity of this Republic, depends on resolute action now and not equivocation. He must, he must, resign now."

Ms Harney said the tribunal had been established with, to the best of her memory, the unanimous support of the various parties, including Deputy Lawlor.

"It is the desire, I would have thought, of every member of the House that every citizen would fully co-operate with that tribunal, which is being funded by the taxpayer. And I very much regret what has happened. I share the views expressed, but, clearly, it is not a matter for me or for this House. It is a matter between the tribunal, and, I understand from what Deputy Bruton has said, the Director of Public Prosecutions. I regret very much indeed that a member of this House is not prepared to co-operate with the tribunal duly established by the members of this House."

Mr Bruton said the Dail had a responsibility to set standards for the behaviour of its members, and it must express its total disapproval of a member showing contempt for a tribunal established with the help of his vote.

Mr Quinn said he was asking, on behalf of every elected public representative in the State, for the Tanaiste to facilitate the order of the House being altered later to allow for a resolution to be passed, without debate, calling on Mr Lawlor to either comply with the call by the tribunal to appear before it, or to otherwise resign his seat, "so as not to bring further disgrace upon politics and democracy in this country."

He added that the reputation of every member of the House was at stake. "If we cannot give example to our citizens, why should they follow?"

Dr O'Hanlon said that, in the light of standing order 56, such a motion would not be in order in his view. "I want to again remind the deputies that the subject matter of this issue relates to a sitting tribunal established by the House under the relevant acts."

Mr Bruton said he understood Dr O'Hanlon's position fully, and Fine Gael would table a motion on the issue at a meeting of the Committee on Procedure and Privileges.

Ms Harney said there were legal issues involved, and she thought what Mr Bruton had suggested might be the appropriate forum.