The Attorney General was excluded from crucial negotiations on the redress scheme for children abused in religious-run institutions when "very important decisions were being made without adequate legal input", Mr Michael McDowell said today.
Speaking to reporters in Dublin, the former AG Mr McDowell said he disagreed with Dr Michael Woods's view that the Attorney General's office was "involved to an appropriate level at all times".
Mr McDowell described as "unwise" a decision by the former minister for education Dr Woods to conduct unilateral negotiations with the religious orders. The Minister for Justice said two meetings took place "from which the Attorney General's office was excluded".
At the end of these meetings, Dr Woods had reached an agreement in principle with the religious orders. Subsequent to the proposal being brought to Cabinet, Mr McDowell said he made his unhappiness at the exclusion of the AG's office known to Dr Woods, who claimed he had achieved "the best deal possible".
Mr McDowell's account conflicts with that of Dr Woods. Earlier today, Dr Woods asserted Mr McDowell "was involved in all relevant stages where the legal advice was required."
"[The deal] was a government decision with the Attorney General's advice at all stages," Dr Woods told RTE's Morning Irelandradio programme.
Both Dr Woods and the former Attorney General came in for criticism in the Dail this afternoon with the Taoiseach defending his Minister for Justice, describing him as "a conscientious attorney general."
Dr Woods has defended the deal. He dismissed as a "guesstimate" a figure of €1 billion in yesterday's Comptroller and Auditor General's report as a possible final cost for the compensation scheme for victims of abuse.
Asked why he had agreed a full indemnity with the religious orders in return for €128 million, Dr Woods said that he was under pressure in the Dáil to conclude the deal.
He said that he was determined that the last government would deal with the issue.
If the government had taken the line of insisting on a greater contribution from the orders - up to the 50 - 50 split originally envisaged, Dr Woods said this "would have made a very difficult position for the abused".
"What you could have done was let [the issue] roll on. The logical thing would be to wait for the result of the Laffoy commission because they were going to have a report. But when: It might be in two or three or four years? In the meantime people were dying, people were literally dying", Dr Woods said.
As minister for education, Dr Woods negotiated the deal on behalf of the government during a six-month period from October 2001. The agreement was signed off on June 5th, 2002, the last day of the last government.
Ms Christine Buckley, director of the Aisling centre, said the deal prevented abuse victims taking their cases to court and seeking adequate compensation. "He should have compensated [the State's] share - and then it would be up to the victims to take it to court. he capped it in order to prevent us from taking our cases to the High Court."
The €128 million contribution from the religious orders is based on a 50 - 50 split of an initial Department of Education estimate of €254 million for the cost of a redress scheme.
However, even before the deal was concluded, the Department's own estimates had risen to over €500 million, with the C&AG's report yesterday suggesting the final cost will be nearly twice that.
