Possible rejection of O'Malley for EU post opens way for Attorney General

The nomination of Ireland's candidates for two plum EU jobs, in the Commission and the Court of Auditors, has been complicated in the last few days by advice to the Government that Mr Des O'Malley TD might not prove acceptable to MEPs in the latter role.

Fianna Fail may have expected an easy run in its nomination for the Commission because the Tanaiste and leader of the Progressive Democrats, Ms Mary Harney, had a quid pro quo in her own candidate for the court.

But the ruling out of Mr O'Malley and Ms Harney's strong views about the calibre of top-notch candidate for the Commission appear to have revived the chances of the Attorney General, Mr David Byrne, who is expected to be appointed this morning. The Court of Auditors, the EU's internal financial watchdog, is another matter. Government sources say they have been advised in soundings in the Luxembourg-based European Court of Auditors against the nomination of Mr O'Malley because he would be two years over normal retirement age by the time he completed a six-year term from March 1st, 2000.

While the treaty provides no age ceiling, nominees will have to face individual hearings before the Budget Control Committee of the European Parliament, which has traditionally held strong views on the issue. A 1992 report of the parliament stipulated that candidates should not be over 65 at the end of the their first term.

And in 1994 MEPs rejected the French and Greek candidates although, admittedly, both were then already in their late 60s, and Luxembourg sources are not wholly convinced that they would do likewise to Mr O'Malley.

The treaty provides that the members of the court shall be chosen from people who are or have been members of external audit bodies in their own country or "who are especially qualified for the office", a clause that would certainly have allowed for someone with Mr O'Malley's ministerial and Committee of Public Accounts experience.

Indeed there may be some relief in the Department of Agriculture that Mr O'Malley is not likely to be heading out to Luxembourg, although an Irish appointee is unlikely to get the same agricultural spending dossier as Mr Barry Desmond. But memories of the mauling they suffered from him in the beef tribunal are still fresh.

If Mr O'Malley is no longer a contender, a desperate hunt will now be on to find another for the post. The nomination must be made by the end of the month to allow for the lengthy parliamentary ratification procedure.

Initially the search will be in the political field where the present chair of the CPA, Mr Jim Mitchell TD, is known to have a strong interest, but is of the wrong persuasion. Yet his departure from Dublin South Central might appeal to the Taoiseach.

The nomination of the current Comptroller and Auditor General, Mr John Purcell, at present investigating AIB offshore accounts at the request of the CPA, might suit Fianna Fail. Alternative candidates might include the current Secretary of the Department of Finance, Mr Paddy Mullarkey, and a former Finance official, Mr Gilbert Johnston.