THE Taoiseach, Mr Ahern, has been forced to remove the portfolio of European Affairs from the Minister for Defence, Mr Andrews, and to scrap plans to give him an office in the Department of Foreign Affairs.
Mr Ahern was compelled to change Mr Andrews's brief yesterday when clarification was sought on the Dail statements by Mr John Bruton and Mr Dick Spring that the Government had no power to provide that the acts of one Minister would be subordinate to another Minister.
Nominating his Ministers on Thursday night, Mr Ahern announced Mr Andrews would be Minister for Defence and European Affairs. He would hold responsibility "under the direction of the Minister for Foreign Affairs, Mr Burke, for European Affairs. Mr Ahern also announced Mr Andrews would "assist" Mr Burke in representing the Government at the Northern peace talks.
The nature of this appointment was immediately challenged in the Dail by the main Opposition leaders, who maintained that the manner in which Mr Ahern was appointing Mr Andrews as Minister for Defence and European Affairs would breach collective Cabinet responsibility and the spirit of the Constitution. It could not be done without amending the law, they said.
Clarifying the position last night, a Government spokesman said the wording of the Taoiseach's statement to the Dail was "wrong". It focused on the practice of appointing a junior Minister for European Affairs in previous administrations.
Given the importance of Northern Ireland and some European issues, the Taoiseach did not want to have a junior Minister filling in for the Minister for Foreign Affairs, Mr Burke, in his absence in the North or abroad, the spokesman explained. He wanted to have a fully briefed senior Minister available at short notice.
Mr Andrews will now deputise, at the request of the Taoiseach, for the Minister for Foreign Affairs either at EU Council meetings or in the North, as the case may be, the spokesman added.
He confirmed Mr Andrews would hold the sole title of Minister for Defence. The European Affairs portfolio would be dropped from his title.
There was no constitutional issue involved, according to the spokesman.
Meanwhile, the release of the papers on the legal strategy in the Brigid McCole case will be discussed at the first working Cabinet meeting at 2 p.m. on Tuesday with a view to their possible release.
Government sources said the pre-election promise to publish the papers in the hepatitis C case had been raised by the Taoiseach at the traditional Government meeting in Aras an Uachtarain on Thursday night.
The appointment of up to 18 Ministers of State, one of whom will be Mr Michael Smith, is also expected to be approved at Tuesday's meeting.
The Taoiseach is also believed to have scrapped plans to appoint the former Taoiseach, Mr Albert Reynolds, as a peace envoy.
Mr Reynolds's firm interest in being Fianna Fail's presidential candidate has been signalled to the Government. The belief in Government circles is that he may get the party's nomination.
