There has been no indication from the three men who resigned in the Sheedy case if they are prepared to go before the Dail Committee on Justice, Equality and Women's Rights, the Taoiseach said.

Mr Ahern was replying to the Fine Gael leader, Mr John Bruton, who asked if the Minister for Justice, Mr O'Donoghue, or himself, had received any indication from Mr Hugh O'Flaherty, Mr Cyril Kelly and Mr Michael Quinlan if they would appear in public to give an explanation about what happened.

Mr Ahern replied: "Deputy Bruton has asked me if anyone has indicated they would give further information. The answer to that is not at this stage."

Mr Bruton said: "I regret to hear that, but I would anticipate that the Government will pursue the matter."

Asked by Mr Bruton about privilege for witnesses appearing before the committee, Mr Ahern said some question had been raised about that by some of the people involved and it was being addressed by the Minister for Justice and the Attorney General. The Fine Gael spokesman on justice, Mr Jim Higgins, said the Sheedy case had been called out of sequence on November 12th, having been listed as number 19 and mysteriously promoted to number 9.

It was now acknowledged that when the case was called, the person representing the Chief State Solicitor's Office, Ms Eileen Creedon, left the court chamber to take a telephone call. "Can I ask the Taoiseach if it has been established who exactly made that telephone call to Ms Creedon and what was its subject matter? In other words, could this have been a deliberate telephone call planted in order that she would be absent from the court?"

Mr Ahern said all he knew was what was set out in the report of the Chief State Solicitor. "Ms Creedon was out of the courtroom when the case was called. It is likely that she was taking a telephone call. It would be quite common for solicitors or clerks dealing with the list to be called away for telephone calls during the business of the court."

Mr Ahern said the report said it was likely that she was taking a telephone call. "So I can't even tell the House I'm certain she was taking a telephone call."

Earlier, Mr Ahern said the Government had not yet decided whether it would take a resolution of the Dail or legislation to pave the way for the payment of pensions to Mr O'Flaherty and Mr Kelly.

Mr Ahern said that, one way or the other, the matter would come before the House. He was replying to the Labour leader, Mr Ruairi Quinn, who asked what would be required to give effect to the "extraordinarily generous" pension settlements agreed between the Minister for Justice and the two former judges.

Pressed further by Mr Quinn, the Taoiseach said that it would certainly "be a while" before what was required was brought before the Dail.

Mr Quinn asked if the two former judges had received any indication from the State as to when the deal which was agreed between them and the Minister for Justice would come into effect.

Mr Ahern said the two men were not in receipt of any money from the State. It was not correct to say there was a deal. "There is no deal with anybody."