Fine Gael and Labour might have to indemnify two politicians against the cost of their legal challenge to a tribunal after indications that the Government will not financially support the case, it has emerged.
Senator Jim Higgins of Fine Gael and the Labour TD, Mr Brendan Howlin, initiated proceedings last Monday against the Morris tribunal, which is investigating allegations of Garda corruption in Co Donegal.
While Labour's national executive indicated at the beginning of the process that it would support Mr Howlin's case, it is considered likely that Mr Higgins will have no option but to approach his party for support also.
With legal advice to the Government stating that the conduct of future tribunals would be at risk if it indemnified the two politicians, it is expected that the Cabinet will confirm that stance at its meeting next Tuesday.
This is despite strong indications from Government sources in the past month that Ministers would provide support for the action and the request from the Ceann Comhairle, Mr Rory O'Hanlon, for the "required indemnification".
The tribunal chairman, Mr Justice Frederick Morris, has directed the politicians to disclose who alleged to them in 2000 that certain gardaí in Co Donegal were corrupt.
They have refused, arguing that they acted properly in relaying the information to the then minister for justice, Mr O'Donoghue. The claims were instrumental in the establishment of the tribunal, which has been sitting this week.
Mr O'Hanlon has met the leaders of Fine Gael and Labour, Mr Enda Kenny and Mr Pat Rabbitte, to discuss the case. He has advised them that he is waiting for a formal response from the Minister for Finance, Mr McCreevy.
In the interim, however, both politicians have been told informally have that the Government will be unable to provide the indemnification.
While legal expenses of the Committees on Procedure and Privileges, which are enjoined to the action, will be paid by the Houses of the Oireachtas, the position of Mr Higgins and Mr Howlin is now unclear.
Though they believe they have the support of most Oireachtas members in a case concerning what they believe is a constitutional right to maintain private records, they could be exposed to steep legal bills if their case fails.
Both sides are expected to appeal to the Supreme Court any unfavourable ruling by the High Court, raising the prospect of lengthy and expensive legal proceedings.
The Attorney General, Mr Rory Brady, could waive their legal expenses by declaring the case to have been in the public interest even if courts found against them.
But because such a mechanism falls short of actual indemnity, it is now believed likely that Fine Gael and Labour will have to provide it.
Mr Howlin said he was disappointed with the indications from the Government.
