Former Taoiseach Mr Albert Reynolds faces a preliminary inquiry by a Dail committee for allegedly breaching Section 5 of the Ethics in Public Office Act 1995.
The complaint that Mr Reynolds failed to declare his commercial involvement in four companies for the TDs' register of interests has been referred by the Clerk of the Dail to the Members' Interests Committee, The Irish Times has learned.
The committee will decide at its next meeting in three weeks how to proceed with the complaint. Another Fianna Fail TD, Mr Denis Foley, was suspended from the Dail for 14 sitting days by the committee last May when he admitted breaching Section 7 of the Ethics Act.
The complaint against Mr Reynolds was made by a Co Meath-based private investigator, Mr William Flynn. He has alleged that Mr Reynolds breached Section 5 of the Ethics in Public Office Act 1995 by neglecting to declare interests in the Jersey-registered Universal Management Consultants, Laser Quantum Ltd, Provence Ltd and Valemoor Projects.
Mr Flynn has been retained by Derry builders O'Neill Brothers, who are involved in a legal dispute with Mr Reynolds over the funding of two construction projects, one in Derry and the other in Swords, Co Dublin.
Mr Reynolds was reported recently to be chairman of an Irish company, Life Energy, that intends to float on the Nasdaq in September. The company has developed a thermo-chemical means of generating electricity through waste disposal in association with a US company.
Mr Flynn sent his letter of complaint to Mr Kieran Coughlan, the Clerk of the Dail, recently. Under Section 8 (3) of the Ethics in Public Office Act, the clerk can refer a complaint to the Members' Interest Committee if he is of the opinion that it is not "frivolous or vexatious".
It is understood the matter was referred to the committee earlier this week.
The next meeting of the committee, chaired by the Fianna Fail TD, Mr Tony Killeen, is likely to be held on September 21st, and the issue will be discussed then. Mr Reynolds will get a letter from the committee informing him the matter has been referred by the end of the week.
If the committee decides to proceed with a full investigation, Mr Reynolds is likely to be called to answer the allegations.
Anyone found guilty of breaching Section 5 of the Act can be suspended from the Dail for up to 30 sitting days. Under the Act, if the committee considered that a contravention was continuing, the Dail could decide the suspension be extended.
Every member of the Dail and Seanad must furnish an annual written declaration of their own registerable interests to the Clerk of the Dail and Clerk of the Seanad within 30 days of registration date.
Each clerk establishes a register which is given to the Public Offices Commission. Any member of the public can view the register at any time.
Mr Reynolds told The Irish Times, when contacted last night, that his affairs in relation to the TDs' register of interests were in order.
"My duties to the committee are absolutely in order and will be seen to be such when investigated by the committee."
Mr Foley was the first member of the Oireachtas to be investigated by the Members' Interests Committee for breach of the Ethics in Public Office Act.
He admitted breaching Section 7 of the Act by not declaring he had an Ansbacher account when he voted on an amendment in the Dail in September 1997 seeking to alter the terms of a motion to set up the Moriarty tribunal.