Former Minister for Justice Mr Sean Doherty yesterday sought legal advice following the decision of the Taoiseach, Mr Ahern, to apologise to journalists whose telephones were tapped two decades ago.
Last night Mr Doherty, who has consistently defended his decision to tap the telephones of Ms Geraldine Kennedy and Mr Bruce Arnold, issued a brief statement.
"I have been contacted by a number of journalists seeking my comments in relation to the pronouncements of An Taoiseach last evening. I do not propose, at this stage, to make any comment," he said.
The two journalists were tapped in 1982 on Mr Doherty's orders, while the telephone of another, Mr Vincent Brown, was intercepted by at least two administrations.
Speaking on Wednesday, Mr Ahern said the 1982 interceptions were "an inappropriate invasion of their privacy and interference by the State with their role as journalists".
"I say this, notwithstanding the fact that many of those in charge of security may, according to their own lights at the time, have felt that they were carrying out their duty in accordance with law," he said.
The Taoiseach's statement has, in the eyes of some, damaged Mr Doherty, who is currently heading the stalled mini-CTC inquiry into a multi-million cost overrun on a CI╔ signalling contract.
Yesterday, Mr Doherty, who is thought to be deeply angered by the Taoiseach's move, met a barrister, Mr Felix McEnroy, to discuss the implications of the action.
Last month the founder of Esat, Mr Denis O'Brien, during his appearance before the Oireachtas inquiry, said Mr Doherty was "unfit" to lead it because of his involvement with telephone tapping.
"What I said was I did not think you are a capable chairman of this committee given your involvement in the past in phone-tapping and your involvement in other matters," Mr O'Brien said then.
However, a Fianna Fβil member of the inquiry, Cork North Central TD Mr Noel O'Flynn, rejected suggestions that the Taoiseach's remarks had raised a question over Mr Doherty's future.
"He was speaking at a book launch. He may have felt it appropriate to say what he did. It takes a very considerate person to apologise and that is what we have in Bertie Ahern," Mr O'Flynn told The Irish Times.
In 1992 Mr Doherty provoked the fall of the then Taoiseach and Fianna Fβil leader, Mr Charles J. Haughey when he declared that Mr Haughey had been aware of the interceptions and had seen transcripts of them.
