Sinn Fein deputy president Mary Lou McDonald explicitly ignored detailed legal advice about repeating "unsubstantiated allegations" contained in the Ansbacher dossier, it has emerged.

Ansbacher whistleblower Gerry Ryan may face legal action as five former ministers named by Ms McDonald under Dail privilege as having Ansbacher accounts are considering their legal options.

All five have denied owning such accounts.

On Wednesday Ms McDonald named former ministers Des O'Malley (FF and later PDs) Ray MacSharry (FF), Gerard Collins (FF), Maire Geoghegan-Quinn (FF), "an S Barrett", Richie Ryan, (FG), and "others" as having held offshore accounts.

She said these names were included in the dossier sent to members of the Dail's Public Accounts Committee (PAC) by Mr Ryan. Committee members, including Ms McDonald, were strongly warned by their own legal advisor that under no circumstances should any of the names contained in a dossier sent by Mr Ryan to them be revealed.

The Sunday Independent has obtained the full 10-page legal opinion given to the committee which Ms McDonald chose to completely ignore. In it, PAC members were warned: "Both the committee and witnesses should refrain from naming an individual, alive or dead, and should refrain from making any allegations in relation to readily identifiable individuals."

The 10-page legal opinion says there is a "substantial risk" in the committee seeking to take testimony from Mr Ryan or accepting his dossier.

"There is a substantial risk that some of the persons named in the whistleblower's dossier would attempt to judicially review PAC to prevent it from hearing the whistleblower's evidence," the legal advice states. It further warned that a court would rule such actions would justify a judicial review leading to "an embarrassing (at least) award of costs against PAC members".

The legal advice from Ramona Quinn said PAC cannot investigate the matter or accept his dossier because of an "obvious lack of remit". She warned it would also run the risk of running foul of the 2001 Abbeylara judgement. This means no Oireachtas committee can make adverse findings against an individual citizen. Ms Quinn also warned PAC members against repeating "unsubstantiated nature of the allegations made against the named individuals". Ms Quinn said the investigations sought by Mr Ryan should be conducted by the appropriate authorities (ie the Gardai). She added that PAC members which "recklessly caused damage to a citizen might be liable for the tort of misfeasance in public office". "Specific allegations contained in the dossier are matters which ultimately fall outside the remit of the committee," the legal opinion added.

The legal threat to the Ansbacher whistleblower exists because the PAC has not formally accepted his dossier, which he sent to individual committee members in the belief he was protected by the Government's new whistleblower legislation.

"I have 14 pages of legal opinion which says I am fully covered. Beyond that it is not appropriate for me to comment," he told the Sunday Independent this weekend.

However, the PAC has been repeatedly warned by its legal

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advisor that it cannot accept the dossier, or direct evidence from Mr Ryan on it, as he is not covered by the new act.

The Sunday Independent has learned that as of Friday evening, the legal advice given to the PAC which stated Mr Ryan may not be covered by the whistleblower legislation "has not changed".

Meanwhile, it also emerged this weekend that the taxpayer has spent up to €2m on the investigation into the Ansbacher allegations. The PAC is writing to Mr Ryan to offer him a right of reply as his name was mentioned at its hearing last Thursday. Reports that Mr Ryan has been invited in to give oral testimony have been denied by several members of PAC. If he requests to come before it, PAC members would have to decide on the matter. No decision has yet been taken.

Sunday Independent