The Government's failure to contest the legal challenge of Dublin consultant Dr James Kirrane to the findings of the Finlay tribunal had 'serious implications' for all tribunals, Democratic Left TD for Wicklow, Ms Liz McManus said yesterday.

Ms McManus said this had effectively undermined the Finlay report itself. 'Only a reconvening of the tribunal will elicit the full truth in accordance with the law. That is the action that the Minister for Health should have taken in preparation for this case,' said Ms McManus.

'Instead he did nothing and the State came out with its hands up and surrendered without a fight.'

Minister of State at the Department of Health and Children, Mr Tom Moffatt, said the Finlay tribunal had not been a creature of the Government, but of the Houses of the Oireachtas. It would have been 'quite improper' for the Government to seek to influence the response of the tribunal in these legal proceedings, he said.

As recently as last Friday, the Chief State Solicitor informed Positive Action that the tribunal and Justice Finlay were not attempting to excise or quash part of the report of the tribunal, said Ms McManus.

Positive Action was horrified when it found that the court case had gone ahead without the tribunal, Justice Finlay or the State contesting Dr Kirrane's case.

Ms McManus said the failure of the Minister for Health to secure the integrity of the Finlay tribunal report was all the more shocking in light of yesterday's decision by Cabinet to ask the Oireachtas to change the legislation to secure the work of the Flood tribunal.

Mr Moffatt said, however, that the tribunal chairman had felt he could not oppose the claims made by Dr Kirrane. The State did not feel that it was a proper party to contest them.