Politicians fight demand to identify source

SENATOR Jim Higgins said he would be dismayed if he and Dáil deputy Brendan Howlin are ordered to hand over information identifying the source of serious allegations against two senior gardaí.

Former Fine Gael TD Mr Higgins said he was fighting for a fundamental democratic principle, the right of a citizen to pass on information in confidence to an elected representative. Counsel for Mr Higgins, Labour’s Mr Howlin and two Dáil committees argued at the Morris Tribunal the information is privileged under the Constitution. Article 15 states that the Dáil and Seanad have the power to protect members’ private papers.

But counsel for the tribunal said deputies have no right to claim privilege over the sources of information and claimed privilege only applies to the Dáil or Seanad chambers. Oireachtas privilege has never been challenged in such a way.