Liam Lawlor is to be asked to resign his seat in the Dáil by his fellow TDs.
The wording of a motion to be debated in the Dáil tomorrow was agreed after a meeting this afternoon between the chief whips of the main parties.
The motion will "deplore" Lawlor’s failure to co-operate with the Flood Tribunal and will state that his position as a TD is "untennable".
Fianna Fáil had last night sought for the Dáil motion passed last year calling for Lawlor to comply with Flood tribunal within a "reasonable time" or else resign voluntarily, to be restated.
However, all the parties now agree that Lawlor’s time is up and that he must now resign his seat.
TDs cannot force Lawlor to resign and is unlikely to heed the calls after sending a letter to TDs yesterday asking them not to debate his position in his absence.
Fianna Fáil chief whip Mr Seamus Brennan suggested there may be a legal problem in debating the motion without Lawlor being present but this was dismissed by Labour’s Mr Emmet Stagg who said the party had taken legal advice on the matter and were satisfied nothing stood in the way of debating the motion.
Fine Gael leader Mr Michael Noonan sought to overcome any potential legal problems by calling for the Minister of Justice, Mr O’Donoghue, to make the necessary arrangements for Lawlor to be taken from Mountjoy and brought to the Dáil for the debate.
However, this will not now happen as all parties are now agreed there is no impedement to members passing a motion against a fellow TD despite his absence from the chamber.
"We have the right to pass a resolution on a member or any other matter because, as we said before, the Dáil has sovereignty," Mr Stagg told ireland.com.
He also said a code of conduct governing the activities of members outside the Dáil chamber would have overcome the confusion. He said his party had been promised the by the Government last year that such a code would be debated but that nothing has been done about it since.