Taoiseach Bertie Ahern would be "more than willing" to appoint a new mediator in the Shell gas pipeline controversy, if the five men in prison were willing to engage in discussions without conditions. "But indications up to now are that the men will not engage until they are out of jail and of course that doesn't get over the difficulty," he said.
Mr Ahern also insisted that the handover of authority for the gas pipeline from Bord Gáis to a private company like Shell was "totally compatible with the legal position".
He was responding to Fine Gael leader Enda Kenny as the Dáil returned after the summer recess. Mr Kenny asked if the transfer was "absolutely constitutional, given the inviolability of property rights under our Constitution ".
The 2001 Gas Amendment Act provided the legislative provisions, Mr Ahern replied, "and our advice has been throughout it is totally compatible with the legal position".
The Fine Gael leader had also called on the Government to appoint a mediator in the dispute, in which five men from Co Mayo have been in jail for 92 days for declining to purge their contempt of court by refusing to comply with a High Court injunction obtained by Shell. "There are other persons of sufficient stature who would be willing to involve themselves, if the imprimatur of the Government and the Taoiseach were given."
The Taoiseach said every effort had been made to break the impasse and would continue to be made, but it seemed the five men were unwilling to get involved in discussions until they were out of jail. "But if Deputy Kenny is indicating that perhaps the men are willing to work with a mediator without conditions I'd be willing to make such a move."
Later Socialist TD Joe Higgins (Dublin West) accused the Government of giving Shell the power to "brutally trample on a small rural community", and when they resisted allowed five people to be put in "indefinite preventive detention". He called on the Taoiseach to phone the chief executive of Shell and get him to lift the injunction.
Mr Ahern said Mr Higgins's comments were misleading.
Independent TD Dr Jerry Cowley was suspended when he persisted in protesting about their plight during questions.
The Dáil will debate the jailing of the Rossport Five next Tuesday following a request for such a debate yesterday by Labour leader Pat Rabbitte.
