Half the Fianna Fail TDs and senators contacted by The Irish Times yesterday declined to comment on the appointment of Mr Hugh O'Flaherty to a senior EU post. Of those who did, the majority said they supported his nomination as vice-president of the European Investment Bank.
However, a number of those who would not comment said they were likely to speak on the subject at tomorrow's Fianna Fail parliamentary party meeting.
Mr Billy Kelleher (Cork North Central) criticised the appointment, while Mr Noel Ahern (Dublin North West) suggested the former judge might surrender the £40,000 pension he was awarded following his resignation from the Supreme Court last year at the height of the Sheedy controversy.
Mr Kelleher said: "It sends out the wrong message to the electorate. Last year, we were talking about impeachment and this year he is being awarded a top-level EU job. I will certainly be raising it at the parliamentary meeting on Wednesday."
Mr Dick Roche (Wicklow) said Mr O'Flaherty's was "certainly not one of the names" he had expected to hear when the nomination to the European Investment Bank was raised.
"I haven't heard the reasons for it yet. I will listen to the reasons and then I'll make up my mind," he said. Mr Tony Killeen (Clare) said he was sure Mr O'Flaherty was "fully qualified to do the job. I don't see that the Sheedy controversy has anything to do with this job," he said.
Mr Noel Ahern said he didn't think the appointment was "any big deal. Mr O'Flaherty is a highly qualified person. It's important to send good people forward. This job became vacant. It had to be filled and Mr O'Flaherty has suffered a lot." However, Mr Ahern added that the former judge "may reflect on whether he might voluntarily surrender the pension he got upon his resignation last year."
Mr John Ellis (Sligo-Leitrim) said he had "absolutely no problems" with the appointment.
Mr Ben Briscoe (Dublin South Central) praised the former judge. "I am a great admirer of Hugh O'Flaherty. He is one of the finest people I know and has been most unjustly treated," he said. "He is being used as political bait, by the Labour Party in particular. I think most people in the law business know him to be an honourable man." Also supportive was Mr Michael Collins (Limerick West), who said Mr O'Flaherty had "tremendous ability".
Mr John Maloney (Laois-Offaly) said while he knew there might be some annoyance at the appointment, he was "satisfied" with it.
Senator Labhras O Murchu said he wished Mr O'Flaherty well, that he had "suffered a lot" and had a "right to get on with his life".
Among those who would not comment was Mr Michael Kitt (Galway East). "It was a surprise to us all but I would like to wait until we discuss it as a party before I say anything."
Mr Brendan Kenneally (Waterford) said he would "prefer not to comment", while Mr Michael Moynihan (Cork North West) had "no comment or conversation to make" on the matter.
Mr Batt O'Keefe (Cork SouthCentral) said he had no comment to make "at the moment. I'll be making that at the parliamentary meeting on Wednesday".
The Government is putting no requirement on Mr O'Flaherty to give any further explanation on his role in the Sheedy case as a condition of getting the job, an official spokesman said last night, adds Mark Brennock.
In relation to Mr O'Flaherty's special pension, the spokesman said Mr O'Flaherty is entitled to it by law. The Government had not collectively discussed this or the general issue of the appointment and would have its first opportunity to do so at this morning's Cabinet meeting.