Revealed: Flannery's 13 'charges' against PAC

In a written complaint to SIPO chairman, Mr Justice Daniel O'Keefe - a copy of which has been seen by the Sunday Independent - lawyers for the former Fine Gael strategist accuse the PAC of being in direct breach on 13 separate grounds of the Code of Conduct for Office Holders.

Mr Flannery's decision to involve SIPO marks a serious deterioration in his already tense relationship with the PAC. As it stands, the former Rehab chief executive has been locked in a seven-month stand-off with the committee over its repeated demands that he appear before them for questioning.

Mr Flannery has so far refused, insisting the PAC is acting beyond its remit.

SIPO's Code of Conduct requires that office holders be seen to observe the highest standards of ethical behaviour, to act fairly, impartially, in good faith and with transparency. It also requires committee chairpersons to have "regard to the increased responsibilities conferred upon them".

In his complaint to SIPO which was lodged last Monday, Mr Flannery accuses the members of the PAC of flouting this code and accuses the members of the PAC of:

• Acting in breach of the public trust and interest and of using their position to abuse the reputation of the PAC to injure persons who might appear before it

• Failing to observe appropriate standards of good behaviour, failing to act in good faith, failing to act with transparency, fairness and impartiality to promote the common good

• Obtaining legal advice repeatedly which they then ignored

• Failing to advise Mr Flannery and others of their repeated legal advice and of their intention to act unlawfully contrary to that legal advice, to the detriment of Mr Flannery

• Failing to deal with a reasonable query when asked to explain their jurisdiction and right to ask the questions they wrongfully sought to ask

• Not acting in the public interest, but in their own interests

• Showing no respect for Mr Flannery or his reputation

• Permitting unauthorised prejudicial and defamatory disclosures to the press

• Of failing to observe an appropriate standard of ethical behaviour

• Acting in disregard of established legal principles and of the constitutional rights of Mr Flannery, as set forth in Maguire vs Ardagh, the Abbeylara case

• Targeting Mr Flannery in purporting ultra vires to extend its enquiries to former executives of Rehab

• Conducting a media campaign to coerce Mr Flannery to submit to attendance before the Committee, and to disparage him

• John McGuinness's role as chairman of the PAC sees him singled out in the complaint, with Mr Flannery accusing him of "failing to have any regard for his responsibilities as chairman and failing to direct the committee and its work with fairness, transparency or impartiality".

Mr Flannery's lawyers states: "The actions of the PAC under Mr McGuinness's chairmanship were "not merely mala fide and injurious to my client. They give rise to wider public concerns in relation to the functioning of Oireachtas Committees which my client believes require be addressed by the Standards in Public Office Commission".

In their submission to SIPO, Mr Flannery's lawyers also highlight the unanimous rejection on July 16 last by the Dail's Committee on Procedures and Privileges of the PAC's application to examine the use of State funding by Rehab.

The letter calls for an investigation to determine if the PAC has breached SIPO's Code of Conduct.

Contacted by the Sunday Independent for comment, Deputy McGuinness said: "I have heard SIPO have received a complaint from Mr Flannery. They will deal with that in due course. Mr Flannery has a right to make a complaint, and the Standards in Public Office Commission will decide whether or not it has any merit."

The PAC chairman declined to make any further comment on the matter of Mr Flannery's complaint to SIPO. It is understood he and his fellow PAC members have yet to receive a copy of the allegations being made against them.

Leaving aside the prospect of having its conduct investigated by SIPO, the PAC and its chairman particularly have come under increasing pressure recently from within the Fine Gael wing of Government.

Only last Friday, Fine Gael TD Liam Twomey called on Deputy McGuinness to step aside from his position as chairman of the PAC so an investigation of the committee's conduct in relation to another former Rehab chief executive, Angela Kerins, could be held.

Mr Twomey said an inquiry was needed by the Dail to ensure "all due process was followed" by the PAC in its dealings with Ms Kerins. The former Rehab chief has issued legal proceedings against the PAC, claiming she lost her job and became ill following her appearance before it last February.