Judgment ‘may prevent’ sources coming forward

THE Supreme Court judgment that Brendan Howlin was not entitled to protect the identity of his source may prevent whistleblowers coming forward with information about wrongdoing, the Labour Party deputy said yesterday.

A five-judge panel ruled that Mr Howlin must comply with the order of the Morris Tribunal to name the source who passed on to him allegations of garda corruption in Donegal.

The judgment will also allow the tribunal to gain access to Mr Howlin’s telephone records.

Mr Howlin and Fine Gael MEP Jim Higgins (then a TD) both received information in 2000 in relation to the behaviour of two senior gardaí in the Donegal division. They passed this onto the Minister for Justice.

The Morris Tribunal ordered them to identify their sources in February 2003. Mr Higgins later received a waiver from his source to allow identification.

However, Mr Howlin yesterday said his source had passed on the information on the basis his anonymity would be protected. He said that in two subsequent conversations, his source’s position remained unchanged.

Reacting to the judgment, Mr Howlin told the Irish Examiner the Court had fully accepted “I had acted properly in giving the information to the Minister for Justice rather than standing up in the Dáil (where any statement would have been made under absolute privilege).”

He said a whistleblower who discovered wrongdoing and wanted it investigated should be allowed confide in a public representative without fear of being identified publicly.

Mr Howlin’s stance was strongly backed by his party leader Pat Rabbitte who said that unless action was now taken to address the issues raised by the ruling, the relationship between TDs and their constituents would be changed forever.

The two written judgements said that procedures adopted by the Dáil and by the Oireachtas Committee on Procedure and Privileges would have to be changed in order for TDs and Senators to assert privilege over documentation and their dealings with the public.

Mr Rabbitte said he would seek an early meeting of the Committee on Procedure and Privileges to consider how to extend the right of Dáil deputies to protect sources of information.