The Government has stepped up pressure on the two former judges at the centre of the Sheedy case to explain their actions to an Oireachtas committee.
In an explicit reference to Mr Hugh O'Flaherty and Mr Cyril Kelly, a Government spokesman last night said it would "like to see the individuals at the centre of the controversy" appearing before the Justice, Equality and Women's Rights Committee.
He also signalled that the Government would continue to delay asking the Dail to approve the pensions for the two judges, and the former county registrar of the Dublin Circuit Court, Mr Michael Quinlan, until it knew whether they would give evidence.
Meanwhile, the chairman of the committee, Mr Eoin Ryan, confirmed that he would step down from the chair in the event of Judge Joseph Mathews, who convicted Sheedy to four years in prison, deciding to give evidence. Judge Mathews's account of the Sheedy affair contradicted Mr Kelly's version of events.
Mr Ryan had earlier indicated he would vacate the chair when Mr Kelly gave evidence, as the former judge's wife, Ms Patricia McNamara, has been involved in Fianna Fail in Mr Ryan's Dublin South East constituency .
"I think there would be a problem [for me] if Judge Mathews gave evidence because of the conflict between himself and Mr Kelly", Mr Ryan added. He would return to the chair for the committee's examination of recommendations on changes in the administration of justice.
The committee is to sit on May 6th to consider the responses, if any, of Mr O'Flaherty, Mr Kelly and Mr Quinlan. None has confirmed that he intends to attend.
Predicting serious difficulties ahead for the committee's work, Mr Jim Mitchell, the Fine Gael chairman of the Public Accounts Committee, said Mr Ryan's group did not have the power to send for "persons and papers".
The Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunity of Witnesses) Act, 1997, only applies to committees that have the power to summon people and documentation.
"If the terms of reference of the committee are changed to allow it to send for persons and papers, the Compellability Act will have to be amended because one Section prohibits the calling of judges or former judges", he said. This could lead to constitutional difficulties because of the separation of powers and "amending legislation may be impossible".
Meanwhile, all witnesses before the committee would have to be called under compellability rules rather than relying on them to appear voluntarily. Voluntary witnesses are not covered by privilege and their evidence is not taken under oath.
Fair procedure must be adhered to and the constitutional rights of witnesses would have to be guarded by legal representation.
Furthermore, one could not have committee members inquiring into anything if a "subjective bias" existed. "Clearly, every committee member has to be vetted by lawyers to ensure we have no bias on the subject," Mr Mitchell added.