The Dail Committee on Members' Interests is due to meet today to finalise procedures for its investigation into whether Mr Denis Foley breached the Ethics in Public Office Act in voting on the terms of reference of the Moriarty tribunal while he was an Ansbacher account holder.
At a meeting yesterday, the committee agreed to ask the Bar Council to nominate legal advisers for the hearings that will adjudicate on a complaint from the Labour Party leader, Mr Ruairi Quinn. The hearings, at which Mr Foley is also expected to have legal representation, are due to start within a few weeks.
If found to have acted unethically, Mr Foley could become the first TD to be suspended from the Dail for a breach of the Ethics Act.
Meanwhile, following Mr Foley's resignation from the Fianna Fail parliamentary party, the minority Fianna Fail-Progressive Democrat coalition will have to rely on the support of a further Independent for its Dail majority. While the Kerry North TD will sit as an Independent for the foreseeable future, he is expected to support the Government.
In a Dail statement last night the Taoiseach said it was "deeply disappointing" that Mr Foley "was prima facie conducting his financial affairs in a manner analogous to that being investigated" by the DIRT Inquiry of the Public Accounts Committee of which Mr Foley was a member.
Mr Ahern acknowledged that Mr Foley's apology at the Moriarty tribunal was "the first apology of its kind". However, he said not all the questions surrounding Mr Foley's financial affairs "have necessarily received completely satisfactory answers".
Mr Ahern also provided more details of his knowledge of the Foley affair. He said he was informed of Mr Foley's possible involvement in the Moriarty tribunal in early December, first by the Government press secretary, Mr Joe Lennon, and later by the Attorney General, Mr Michael McDowell.
At a meeting on December 15th, Mr Foley informed Mr Ahern he had appeared before a private session of the tribunal and was "settling his liabilities" with the Revenue Commissioners. While Mr Ahern did not provide any information on the questions he posed to Mr Foley, a Government spokesman later said Mr Foley at that stage indicated he was not a Ansbacher account holder.
Following the December 15th meeting, Mr Ahern informed the Tanaiste that Mr Foley intended to resign from the PAC. Mr Foley tendered his resignation as vice-chairman and committee member on January 27th.
Despite his resignation from the Fianna Fail parliamentary party, Mr Foley will remain a member of the party. He will sit as an Independent, but will meet the Government Chief Whip, Mr Seamus Brennan, next week to formalise his support for the coalition in Dail votes.
The Fine Gael deputy leader, Mrs Nora Owen said Mr Ahern had refused to outline "anything about the special arrangement Mr Foley will have with the Government to fast track his special wishes". Mr Quinn described it as a "resignation of convenience".
The Foley controversy was not raised at yesterday's meeting of the Fianna Fail parliamentary party at which a new code of conduct for all public representatives was agreed. However, the Fianna Fail chairman, Dr Rory O'Hanlon, said "the party would be happy to move on from this".
The Government last night voted down the Fine Gael private member's motion calling on Mr Ahern to provide a detailed account of his knowledge of the affair.