McDowell denies Government decision to challenge tribunal

JUSTICE Minister Michael McDowell yesterday said the Government had not taken any decision to fund a large-scale legal challenge against the Morris Tribunal to prevent politicians being forced to reveal their sources of information.

However, government sources say that they hope to join forces with Labour TD Brendan Howlin and Fine Gael senator Jim Higgins in an unprecedented showdown between the Oireachtas and the judiciary.

The Morris Tribunal, which is investigating allegations of garda corruption in Donegal, wants to find out the identity of the source who provided corruption allegations to Mr Howlin and Mr Higgins.

The tribunal ruled last week the politicians concerned did not have a legal entitlement to protect the identity of their informants.

Mr McDowell said that a decision on whether to support the case would be a “very important one”. However, the minister declined to offer his own personal view on the matter.

“It’s something which is a very complex issue and I look forward to hearing the views of the Attorney General who will advise the Government on the whole issue,” he said. “It’s a matter of very considerable importance.”

However, the minister previously signalled his support for the move last December when he said that the gardaí should not ask the two politicians to reveal their sources relating to alleged corruption within the force.

Government sources fear that, if the Morris Tribunal forces the politicians to identify their sources, it would have profound implications for the ability of TDs and senators to deal with constituents and members of the public on a confidential basis.

The case is being taken by Mr Howlin and Mr Higgins, supported by the Committees of Procedure and Privilege for the Dáil and Seanad, in an effort to prevent the tribunal from forcing them to reveal their sources.

It was reported yesterday that Cabinet ministers discussed a number of options earlier this week on how best the Government could support the challenge.

Minister McDowell, who was in the North for the peace talks, was not present and said that he was not aware of any such dissuasions.

The legal challenge is certain to run up huge legal bills, as it is likely to involve at least four legal teams.

Mr Howlin and Mr Higgins will have separate representation, while the Dáil and Seanad committee may have its own legal team.

The tribunal will also have its own representation.

The case will be heard in the High Court and may be appealed to the Supreme Court.

The two politicians involved are adamant that they will not meet the garda request that they hand over telephone and fax records of contacts with their sources.