The Cabinet was told of Judge Alan Mahon's 1992 tax settlement with the Revenue Commissioners before deciding to appoint him as a Circuit Court judge and to the planning tribunal, the Government said last night.
Government and Opposition yesterday expressed support for Judge Mahon continuing as chairman of the planning tribunal, although there were concerns that the episode could take from the authority of any future negative findings made by the tribunal concerning tax evasion.
The Minister for Defence, Mr Smith, read a statement in the Dáil yesterday saying the Government "accepts unequivocally the suitability and integrity of Judge Alan Mahon, both as a judge and as chairman of the tribunal".
Leaders of Fine Gael, Labour, the Green Party and Sinn Féin all spoke of the need for Judge Mahon to continue his work.
A Government spokeswoman said last night that the Government was "made aware" of the judge's payment of £20,000 to the Revenue, which arose from underpayment of tax in a year in the late 1980s before its decision to appoint him in February 2002. Ministers decided this was "a tax matter between the judge and the Revenue Commissioners which has been settled", and that it was not an impediment to the appointment. The issue had already emerged at the Judicial Appointments Advisory Board (JAAB), which makes recommendations to the Government on judicial appointments.
This was because Judge Mahon had attached a note to the standard application form for the post drawing attention to what had happened.
The Minister for Justice, then Attorney General, Mr McDowell was a member of the JAAB in 2001 when it considered Judge Mahon's appointment. The Government spokeswoman would not comment last night on whether it was Mr McDowell who had told Ministers about the issue, on the grounds that to do so would breach rules of Cabinet confidentiality.
After considering the applications the JAAB decided in 2001 to recommend Judge Mahon, along with Judge Mary Faherty and Judge Alan Keys for appointment to the Circuit Court. This followed Mr Justice Flood's request in June 2001 for extra judges for the planning tribunal. The three were appointed to the planning tribunal shortly after being made judges.
Mr Smith said in the Dáil: "The Government accepts unequivocally the suitability and integrity of Judge Alan Mahon, both as a judge and as chairman of the tribunal."