The Fine Gael front bench has decided to lodge a formal complaint with the Standards in Public Office Commission about the Taoiseach's level of tax compliance, following the recent disclosure that he does not currently have a tax clearance certificate.
The front bench also decided yesterday on the wording of a private member's motion expressing confidence in the work of the Mahon tribunal and expressing the belief that it is acting independently and without bias.
The wording of the complaint about Mr Ahern's tax affairs has not been finalised but a decision on its precise terms is expected in the next few days and it will then be lodged with the commission.
Fine Gael leader Enda Kenny has pointed out that hundreds of thousands of people in this country are required to produce tax clearance certificates in order to work. "Why should the law be different for the Taoiseach of the country," he asked earlier this week.
The Standards in Public Office Commission is chaired by Mr Justice Matthew P Smith. The other members are John Purcell, the Comptroller and Auditor General; Emily O'Reilly, the Ombudsman; Kieran Coughlan, the clerk of the Dáil; Deirdre Lane, the clerk of the Seanad; and Michael Smith, the former Fianna Fáil TD and minister.
The Fine Gael complaint is likely to hinge on whether Mr Ahern validly obtained a tax clearance certificate after the 2002 general election as his tax liabilities went back to the 1993/1994 period.
Although Mr Ahern was not entitled to a certificate after the 2007 election, as he is in ongoing discussions with the Revenue Commissioners, he was entitled to a statement of application which allows him to meet the standards commission's requirements until the Revenue comes to a decision. Any investigation by the commission into a complaint could take up to a year.
At its meeting yesterday, the Fine Gael front bench also finalised the wording of a private member's motion supporting the work of the Mahon tribunal that will be moved when the Dáil resumes in two weeks.
The exact wording of the motion is: "That Dáil Éireann reaffirms its confidence in the Mahon tribunal, and its belief that the tribunal is acting independently, without bias and within the remit contained in the terms of reference set by the Oireachtas."
The party's environment spokesman said that the motion would allow all members of the Dáil and the Cabinet to vote on a matter of huge importance.
"We will see if the Fianna Fáil ministerial attack dogs have any bite when it comes to this vote. In addition, I look forward to John Gormley, Mary Harney and their party members voting in line with their publicly stated support for the Mahon tribunal."
Back in 2000, Mr Gormley, then Green Party environment spokesman, said all public office holders should be obliged to obtain tax clearance certificates before taking up the job.
The Fine Gael motion has been designed to make it difficult for the Government to amend it while still expressing support for the tribunal, as it is politically obliged to do, despite the spate of criticisms of the tribunal from Government Ministers and TDs.
The three parties in Government will discuss the wording of an amendment to the Fine Gael motion closer to the date of the Dáil debate. A Government spokesman said yesterday that a counter-motion would be drafted in due course.
While the wording of the Government motion has not been decided, some Ministers have already advocated the inclusion of a reference deploring leaks of tribunal documentation in any counter-motion.
