The former Taoiseach, Mr Charles Haughey, is considering moving a motion in Dublin Circuit Criminal Court on Wednesday to have charges he obstructed the McCracken Tribunal struck out, or postponed indefinitely, following weekend comments from the Tanaiste, Ms Harney.
Sources close to Mr Haughey told The Irish Times last night he would claim Ms Harney's comments that he should be convicted and jailed following Moriarty Tribunal revelations interfered with the independence of the judiciary.
Mr Haughey's advisers are expected to argue the comments, coupled with last week's Moriarty Tribunal revelations that he received £8.5 million over 17 years, would have a detrimental effect on an early trial, or any trial. Ms Harney was asked in an interview with the Irish Independent on Saturday if she thought Mr Haughey should be jailed following the latest Moriarty Tribunal allegations. The Tanaiste replied: "I do, yes. He should be convicted."
Ms Harney also faces an Opposition attempt this week to have a Dail motion of censure moved against her as a result of her Haughey comments.
The Fine Gael leader, Mr Bruton, said last night he would seek Dail agreement tomorrow to a motion censuring Ms Harney for "prejudicial" comments about a current criminal trial.
A Labour Party spokesman said they would discuss the Fine Gael motion at a meeting today. The party's spokesperson on finance, Mr Derek McDowell, described Ms Harney's comments as "injudicious and unwise".
A spokesman for the Tanaiste said last night Ms Harney made no reference to the pending case in the newspaper interview. He said the Tanaiste was expressing a political view arising out of revelations at the Moriarty Tribunal.
Legal sources close to the Tanaiste played down the situation last night. One source pointed out that in previous high-profile cases juries have been directed to disregard media reports as part of their deliberations.
In a statement yesterday Mr Bruton said Ms Harney's "reckless" comments were likely to cause further difficulties for the judge in a trial which has already been delayed far too long.
The chairman of the Progressive Democrats, Mr John Minihan, said last night he supported the Tanaiste's comments as "fair comment" on a matter of public interest.
Meanwhile, Laois-Offaly Fianna Fail TD Mr Sean Fleming called on the Government to take immediate steps to suspend State pensions being paid to Mr Haughey. He was speaking in an interview with TV3's Week in Review programme.
Fianna Fail sources yesterday confirmed a report in the Sunday Times that Mr Ray Burke had refused to co-operate with the party's internal inquiry into payments to politicians. The report is expected to be presented to the Fianna Fail parliamentary party on Wednesday.