The Taoiseach defended the absence of the Minister for Justice in the Dáil during an adjournment debate on a Cork man who died two years ago after a row outside a nightclub.
Mr Ahern was replying to the Fine Gael leader, Mr Enda Kenny, who said that Mr McDowell was in the Dáil bar on Tuesday night "and chose not come into the House to respond to the sensitive and important matter raised by Deputy Bernard Allen concerning the death of a young man".
The Taoiseach said that Mr McDowell had a prior engagement scheduled at the time of the adjournment debate and had requested the Minister of State for Health, Mr Ivor Callely, to take it on his behalf. "The Minister had cleared the content of replies to the issues raised and ensured that the Minister of State was adequately briefed on them," he added. "Subsequently, the Minister's engagement was cancelled, but he did not change the arrangement because he was quite confident that he had both cleared the replies and adequately briefed the Minister of State."
The debate related to the death of Adrian Moynihan (23) in March 2001 after a night out with friends, following an altercation with bouncers at Sidetrax nightclub in Cork city. Mr Ahern said that Mr McDowell had met the dead man's father, Mr Andrew Moynihan, who had begun a hunger-strike protest outside Leinster House. He understood, he said, that Mr McDowell had given Mr Moynihan an undertaking that he would speak to the Garda authorities on the matter.
"The Minister said he will return to Mr Moynihan when he has spoken to the Garda authorities," said Mr Ahern.
Mr Kenny said it was not the first time this had happened with the Government. "This is now the most arrogant Government we have had in the last 30 years," said Mr Kenny. "The Taoiseach is not in the House on Thursdays, the Minister for Finance and his Ministers of State were at Cheltenham when the Freedom of Information (Amendment) Act 2003 was going through the House. We have health publications being leaked to journalists and public-relations personnel training the Minister to respond to hard issues that might arise."
Mr Ahern said that it was a regular feature of the House that, at times, Ministers would substitute for their colleagues. "Ministers could be in Europe or attending committees," he added.
Mr Gay Mitchell (FG, Dublin South Central) observed: "Not in the bar."
When Mr Jim O'Keeffe (FG, Cork South-West) remarked that the Taoiseach should ask the Minister to attend the House to apologise, the Taoiseach replied: "I will not be drawn on that issue because I do not consider it would be a good practice to go down that road."
