Counsel says judge has power to end the publication of leaks

Mr Justice Flood has the power to make such orders as are necessary to complete the work of the tribunal, counsel for the tribunal, Mr Desmond O'Neill, said yesterday.

Mr O'Neill said the publication of confidential documents could not be allowed to continue or escalate. "Therefore the necessity for such an order arises." Section 4 was a "very broad section", under which Mr Justice Flood could make an order containing the information to the tribunal "to those who might properly be the recipients of that information".

Mr O'Neill said it was not in the public interest to have the confidential material of the tribunal published from leaks, and he saw no public interest which required its publication now.

"It is clear that there is an entitlement to restrain the publication of certain matters, even though they may have a public interest context," he said.

Referring to Article 10 of the European Convention on Human Rights, Mr O'Neill said a European Court decision had found that qualifications of the right were necessary to protect the reputation or rights of others, to prevent disclosure of information received in confidence, or for maintaining the impartiality or the authority of the judiciary.

He told Mr Justice Flood it was "necessary for the purpose of your function that you prevent the further unauthorised publication of this confidential material to protect the rights of third parties."