Mr Liam Lawlor will decide this weekend whether to appeal the High Court's unprecedented decision to jail him for one month for failing to comply with the Flood tribunal.
With his jail term due to start on Tuesday, Mr Lawlor will have to seek a stay on the decision from the Supreme Court on Monday if he is to avoid a third period in Mountjoy Jail.
The Opposition reacted strongly to yesterday's verdict from Mr Justice Smyth, and there were further calls for his resignation from the Dáil.
Fine Gael's justice and security spokesman, Mr Alan Shatter, said Mr Lawlor's continuing failure to co-operate with the Flood tribunal and disclose all financial information was totally unacceptable.
"It is scandalous that he is not only delaying the tribunal in completing its work, but that taxpayers must now foot the bill for his serving a further month imprisonment."
Mr Shatter said consideration should be given to changing the law so that anyone who behaves in this way should reimburse the State for the expense to taxpayers of serving a prison sentence in such circumstances.
A Labour deputy, Mr Derek McDowell, said Mr Lawlor should resign as a TD. He said the High Court decision was fully in keeping with the seriousness of the case.
Mr Lawlor's conduct and his flagrant frustration of the work of the tribunal has done significant damage to public life in this country, Mr McDowell said.
Last January when the original High Court sentence was handed down to Mr Lawlor the Dáil passed a unanimous motion demanding that he co-operate with orders of both the courts and the tribunal, he said. The motion went on to state that failure to do so "would confirm his membership of Dáil Éireann to be untenable and that he should voluntarily resign his membership", Mr McDowell said. "Mr Lawlor's failure to co-operate has been established beyond a shadow of a doubt and it is now essential that the Dáil makes it clear that Mr Lawlor has no place in public life, and especially no place in our national parliament."
The Labour Party has proposed a draft motion which calls on Mr Lawlor to resign. "The Labour Party expects the Government to act promptly on the Labour Party initiative and bring its own proposals forward as a matter of urgency. Any delay or prevarication on behalf of the Taoiseach would confirm the widely-held view that Mr Lawlor, although formally no longer a member of the Fianna Fáil Party, is still treated as if he was."