Two committees of the Oireachtas were granted legal representation at the Morris tribunal yesterday to defend the right of TDs and senators to protect their sources.
A scheduled hearing on the matter was adjourned for a week, however, due to the sudden death at the weekend of the mother of Senator Jim Higgins, who along with the Wexford TD, Mr Brendan Howlin, has been ordered by the tribunal to hand over telephone and fax records of contacts with anonymous sources.
As former justice spokesmen for Fine Gael and Labour respectively, Senator Higgins and Mr Howlin were confidentially informed of allegations of Garda corruption in Co Donegal and passed on this information to the the minister for justice at the time, Mr John O'Donoghue.
The tribunal is investigating all aspects of these allegations, including the timing of, and motivation for, their emergence. The two politicians, however, have said they will not, under any circumstances, reveal their sources.
In a fresh development yesterday, Mr Brian Murray SC, for the Dáil and Seanad Committees on Procedures and Privileges, requested limited representation in connection with the applications for discovery. He said his clients had a long-term and particular interest in assisting the tribunal, and were "extremely anxious" not to impede or delay it in any way.
However, he said, there was a question over the "discoverability" of papers and records of members of the Oireachtas which the tribunal would have to address. To the best of his knowledge, the issue had not previously arisen before a court or tribunal, although it was alluded to at an early stage of the inquiry into the Abbeylara shooting incident without resulting in a ruling.
Under Article 15 (10) of the Constitution, he noted, the Houses of the Oireachtas were given the power to protect the private papers of their members.
Acceding to the request for representation, Mr Justice Morris said that while neither committee was a party to the tribunal he recognised they had a "real and bona-fide" interest in the outcome of the motion. Accordingly, it seemed appropriate that the relevant counsel should be allowed to make submissions after counsel for Senator Higgins and Mr Howlin.
The chairman granted limited representation to each committee by way of one senior and one junior counsel, and a solicitor.
Submissions will now be heard next Tuesday. Mr Murray said he would furnish written submissions to the inquiry on behalf of his clients in the interim.
Meanwhile, Dr Eamonn Hall, chief legal officer of Eircom, told the tribunal it had no objection to the terms of the order for discovery.
Earlier, Mr Howlin said he did not believe the tribunal would make any decision on the matter that would impact on the right of citizens to communicate privately with their elected representatives.
Speaking to RTÉ Radio's News at One, Mr Howlin said he had not just a right but a responsibility to protect the identity of his informant.
