The Standards in Public Office Commission has postponed its investigation into whether Mr Michael Collins TD made false tax declarations, pending a decision on whether the Limerick Fianna Fáil deputy will be prosecuted.
In a statement yesterday, the Standards Commission said it had decided on the postponement after considering the views of the Director of Public Prosecutions (DPP) and Mr Collins.
The DPP is understood to have told the commission that any inquiry it carried out could prejudice any future criminal proceedings against the TD. Mr Collins also asked for a postponement pending the outcome of the DPP's deliberations.
The postponement of the commission's inquiry follows the postponement of an internal Fianna Fáil inquiry late last year for the same reason.
The Standards Commission was due to investigate a complaint from the chairman of the Dáil Committee on Members' Interests concerning declarations made by Mr Collins after the 2002 election that he was tax compliant. The commission, which submitted a file on the matter to the DPP last year, has some doubt over whether the TD can successfully be prosecuted for securing a false tax-clearance certificate, because of the lapse of time.
Lawyers have advised the commission that a prosecution in relation to such an offence must be initiated within six months of the offence being committed. However, the DPP is also examining other aspects of the case to see if criminal proceedings are warranted.
It is not known when his consideration of the case will be completed.
Mr Collins resigned the Fianna Fáil whip last September after being named by the Revenue Commissioners as a tax defaulter. It emerged that he had used a bogus non-resident account to evade taxes. He paid €130,602 to the Revenue Commissioners between April and June 2003 in taxes and penalties in respect of tax debts built up since the 1980s.
He had made statements to the Standards in Public Office Commission after the 2002 general election saying he was fully tax compliant. He forwarded a tax-clearance certificate he had secured from the Revenue Commissioners, having told them any outstanding tax liabilities had been settled. He also swore in a statement that his taxes were up to date.
Like all other Fianna Fáil candidates, Mr Collins signed a party pledge before last year's general election saying: "I have complied or am in the process of complying in good faith with all my tax obligations." He also promised "to abide by the highest standards of ethical behaviour as a candidate" and comply with Fianna Fáil's Guidelines on Standards in Public Life.
Mr Collins can be asked by the party to resign his seat if his statements last year are deemed to have been untruthful.