Pressure is intensifying on the High Court Taxing Master, Mr James Flynn, to apologise and withdraw controversial remarks in which he described tribunals of inquiry as "Frankensteins" of modern society and "star chambers".
In a strongly worded criticism of Mr Flynn, the Tanaiste, Ms Harney, described his remarks as unwarranted. She added that they were clearly offensive to the Oireachtas, the judges presiding over the tribunals and previous members of the judiciary who presided over them.
A Government spokesman last night declined to say whether an apology from Mr Flynn would be sufficient to defuse the controversy or whether his position had become untenable.
However, a senior source said that Mr Flynn had gone beyond the line and that his comments were unacceptable. "He entered the political arena, where he clearly has no business."
In an unprecedented move, the Government has also contacted the President of the High Court, Mr Justice Frederick Morris, to express its view that Mr Flynn's remarks were inappropriate.
Both the Attorney General, Mr Michael McDowell, and the Minister for Justice, Mr O'Donoghue, have been in contact with the President of the High Court to convey the Government's concern. The Cabinet is expected to be briefed on the outcome of these contacts at its weekly meeting next Tuesday.
In a further sign of the seriousness of the row, Mr O'Donoghue has also contacted the Chief Justice to suggest that the new judicial ethics regime should cover court officers, including the taxing master. The judicial ethics committee, which was established in April 1999, has been examining structures for a new ethical commission which will police judicial conduct and deal with complaints against judges.
The Fine Gael spokesman on justice, Mr Jim Higgins, said that Mr Flynn's remarks, which were "deeply offensive", should be withdrawn and an apology should be issued. He said that Mr Flynn was a public servant and was not supposed to make statements on public policy.
For the Progressive Democrats, Senator Helen Keogh also called on Mr Flynn to withdraw his remarks and offer an apology.
The Labour Party TD, Mr Pat Rabbitte, welcomed the Government's action. However, he added: "The deafening silence from Fianna Fail, the party that brags about its role in establishing the tribunals, continues."
A Fianna Fail backbench TD, Mr Noel Ahern, last night told TV3 News that many people would support the comments made by Mr Flynn.
The taxing master is an officer of the High Court and a public servant. His position is underpinned by the Court Officers Act 1926. He can be dismissed only by the Chief Justice and the President of the High Court.
Mr Flynn was appointed in 1992. Aged 48, he can remain in the position until reaching retirement age in 2022. He was unavailable for comment yesterday. His office said that he would not be available until next Tuesday.
However, sources forecast last night that the action of Mr O'Donoghue in writing to the President of the High Court, combined with the comments from the Tanaiste, was likely to hasten a formal response from the Taxing Master.