The argument is reinforced and Fianna Fail and the Progressive Democrats ignore it. After one of the most extraordinary days in political life for some time, Mr Charlie McCreevy tells the Dail that he will move to expedite the appointment of Mr Hugh O'Flaherty to the post of vice-president of the European Investment Bank. The PDs say that it is business as usual after the Taoiseach has responded to the Tanaiste's demand to clarify his position that the Government is 100 per cent behind the nomination.
Yet, Mr O'Flaherty's account of the role he played in the Philip Sheedy affair - given for the first time publicly in two selected interviews yesterday - is more bizarre today than it was in April of last year. It is also different in some important respects from the version given to the then Chief Justice, Mr Liam Hamilton, in the first inquiry of its kind into the actions taken by two judges in the relisting of the Sheedy case.
Firstly, Mr O'Flaherty resiled from the grounds of "humanitarian interest" as the motive for his involvement in trying to have the case relisted. That was not the right word, he said, though it was the basis on which the Government decided to give him his second chance. More seriously, however, the reason given for having a word with the former Dublin County Registrar, Mr Michael Quinlan, differs now from what it was last year. Mr O'Flaherty then said he had called Mr Quinlan to his chambers to confirm that it would be possible to have the Sheedy case relisted. In his explanation yesterday, it was clear that the intervention was designed to produce action.
But the most disturbing aspect of Mr O'Flaherty's interviews is the absence of any admission that a mistake was made. There was no acknowledgement that the administration of justice is dependent on the perception that every person is equal before the law. Those who know judges should not be more equal than those who do not.
These issues are fundamental to the public's objection to the nomination of Mr O'Flaherty to the board of the European Investment Bank. They were fundamental to the conclusions of the inquiry conducted by the Chief Justice last year and the consequent action by the current Government to take the preliminary steps in the impeachment process. But the Government still expects the public to accept that it's all over now.
Fearing that the Taoiseach was trying to distance himself from the nomination, the Tanaiste called for clarification of the Government's position. "You are either for the nomination or there are other alternatives", she said. Notwithstanding the fact that Mr O'Flaherty's interviews have raised more questions than they have answered, she now accepts that the Government is four square again behind the nomination. The time is not right for the PDs to call a general election.
Mr O'Flaherty gave the Coalition a way out of the controversy when he stated yesterday that he would do "whatever is the wish of the Government at this stage". The argument against proceeding with the nomination was reinforced but, once again, the Government is ignoring the strong will of the people.