Opposition scathing in criticism of Ahern's constitutional challenge
Taoiseach Bertie Ahern tonight accused a public inquiry probing his personal finances of acting outside the Constitution.
Mr Ahern yesterday began a legal action in Dublin's High Court to limit the investigations of the Mahon Tribunal, which is examining allegations of planning corruption.
Opposition TDs accused the Fianna Fáil leader of trying to dodge difficult questions or delay the work of the inquiry, which he is due to attend again next week.
Mr Ahern's legal challenge includes an attempt to stop the tribunal cross-examining him on statements he made to the Dáil because his lawyers claim they are protected under parliamentary privilege.
The issue, which will come before the High Court again on Thursday afternoon, tonight dominated the Leaders' Questions slot in the Dáil.
Opposition leader Enda Kenny asked Mr Ahern: "What are the statements that you don't want the tribunal to question you about? What are you afraid of?
"This means in layman's terms that there is an attempt here to restrain or obstruct the tribunal from asking you questions."
But Mr Ahern replied: "I have no difficulties answering any questions in the tribunal. It has nothing to do with not answering questions."
Denying he had misled the Dáil, he added that the inquiry was trying to cross-examine him on his Dáil statements and this prompted the legal challenge.
He said: "The fact is I'm advised that this is unconstitutional, that they are violating the constitution."
"I'm not above or below the law and neither are they."
Labour leader Eamon Gilmore claimed the Taoiseach was confusing the principle of constitutionality "to the act of personal political preservation".
He told him: "You are going to the court either because you are playing for time or because you are trying to hide something. What is it that you don't want the tribunal to ask you questions about?"
Mr Ahern said Article 15.13 of the Constitution granted parliamentary privilege to statements made by TDs in the Dáil.
He added: "It's not about protecting myself. It is about respecting the Constitution and the law."
Cabinet members, including Green Party and the Progressive Democrat ministers, only learned of the legal action shortly before the application was made in the High Court.
Minister for the Environment and Green Party leader John Gormley received a telephone call about the issue from the Taoiseach at lunchtime yesterday.
Mr Ahern's three-pronged action aims to determine the right of the tribunal to question him on statements made in the Dáil under privilege.
His legal team also wants to test the inquiry's right to order him to produce all documentation relating to a banking expert he employed.
The Court is also asked to examine his right to have access to all working papers or reports prepared by forensic accountants or others for the tribunal.
