Liam Lawlor should be temporarily released from jail so he can attend a debate on a motion censuring him, the Fine Gael leader told the Dáil today.
Mr Michael Noonan said legal advice suggested the debate could not proceed if the disgraced Dublin West TD was not present.
Mr Noonan asked the Taoiseach, Mr Ahern, and the Minister for Justice, Mr O’Donoghue, to make arrangements for Lawlor to attend the debate and not use this to avoid an issue which it finds embarrassing.
"There has been a letter from Deputy Lawlor, who objects to such a motion being taken in his absence," said Mr Noonan. "I understand there is some legal advice emerging now that the Dáil cannot debate such a motion in the absence of Deputy Liam Lawlor."
Lawlor today began a 28-day jail sentence in Mountjoy prison for failing to comply with orders from the Flood tribunal, his third sentence in little over a year. In addition, the court also fined him €12,700.
The Taoiseach said he could see no reason why the debate should not go ahead as planned. "I have no legal advice at this stage that says we cannot debate that matter. I have heard people express a view that the Deputy should have an entitlement to be here," said Mr Ahern.
Mr Ahern said a whips meeting would be held this evening and the legal officer of the Oireachtas had indicated no objection to Thursday's debate.
He added it was unclear if it was appropriate or proper for the Government to intervene to ensure a deputy's presence after the courts handed down a prison sentence.
He said the involvement of the Minister for Justice "would have to be considered very carefully."