Disclosure of sources 'not in the public interest'

An Irish Timesreport that Taoiseach Bertie Ahern had received payments from businessmen while he was minister for finance in 1993 was true, had almost caused the collapse of the Government and led directly to a Government commitment to introduce a new Ethics Bill, journalist Colm Keena said in an affidavit.

Mr Keena, the Irish Times's public affairs correspondent, who wrote the report of September 21st, 2006, said he would not have submitted it for publication unless the facts stated in it had been verified and he knew he could stand over them.

The public and political importance of the matters addressed was clearly reflected in the events that followed it, he said.

The matters raised had received extensive coverage nationally and internationally, and issues which were addressed as a result included the appropriateness of a government minister accepting money for personal use from businessmen, tax and ethical issues related to the payments and Mr Ahern's response.

Mr Keena said he believed that the information he received was provided on the basis that he, as a journalist, could be relied upon not to assist in any way with any subsequent inquiry into the source of that information. "Confidential sources are critical to the work of a journalist and the protection of journalistic sources is one of the basic conditions for press freedom," he said.

Having carefully considered the tribunal's request that he disclose the source of his information, he had concluded his "overriding obligation", in the public interest, was not to identify sources or assist in their identification. He had never suggested the source of his information was the tribunal and had sought at all times to avoid making statements which could assist in identifying sources.

In his affidavit opposing the Mahon tribunal's application to compel the disclosure of the source of confidential information included in his article, Mr Keena said the tribunal had stated it would be highly damaging to persons if "allegations" against them could be circulated in advance of any decision by the tribunal to hold a public inquiry into such allegations.

The matters addressed in his report were not mere or unfounded allegations, Mr Keena said. It had disclosed matters of fact.

His 20-year career in journalism, he added, included reporting on the Moriarty and McCracken tribunals, the investigation into Ansbacher deposits, the affairs of Celtic Helicopters Ltd and the National Irish Bank tax-evasion scandal. He had also written three books.

Journalism, he said, had long identified the importance of honouring the trust confidential sources placed in reporters when they disclosed information. This was reflected in the code of conduct adopted by the National Union of Journalists, which provided that a "journalist shall protect confidential sources of information".

The key issue for journalism was that people who approached reporters in confidence with information of legitimate public interest did not later have their identities revealed by reporters.

Information from confidential sources had led to significant public good and brought public attention to matters relating to medical malpractice, improper influence on the planning process, child sexual abuse, improper payments to politicians, the facilitation by banks of tax evasion and the misuse of public funds, he added.

It had also led to the resignation of government ministers, enactment of new legislation and to the Revenue Commissioners collecting millions of euros in unpaid taxes.