There are sound constitutional reasons why the Department of Finance cannot require that Jerry Healy SC and John Coughlan SC repay the €1m which they were overpaid as a result of a simple clerical error. There is no credible reason, however, why these senior barristers could not have, indeed have not, voluntarily remedied the mistake by repaying the public purse.

Rule 1.2 of the Bar Council's code of conduct states that "it is the duty of barristers... not to engage in conduct (whether in pursuit of their profession or otherwise) which is dishonest or which may bring the barristers' profession into disrepute or which is prejudicial to the administration of justice".

The code continues at Rule 1.3. "Failure to comply with the duties set out in Rule 1.2 shall be professional misconduct and may render barristers liable to exclusion or suspension from membership of the Law Library and to be reported to the Benchers of the Honorable Society of King's Inns with a view to disbarment, or may render them liable to a fine or a finding that they be admonished or suspended for a stated period from practice at the Bar of Ireland."

Might I very respectfully suggest that the Bar Council formally investigate whether Messrs Healy and Coughlan may have brought the barristers' profession into disrepute and if they are found so to have done that it takes the appropriate action.

Kevin McPartlan,

Edenvale Road,

Ranelagh,

Dublin 6.­