The two politicians who are refusing to reveal their sources to the Morris tribunal will apply to the High Court today for a judicial review of its order for discovery against them. The tribunal is examining allegations of misconduct against a number of gardaí in Donegal.
Mr Brendan Howlin and Mr Jim Higgins received information relating to allegations against gardaí in Donegal, and brought it to the attention of the then Minister for Justice, Mr John O'Donoghue. Both were TDs at the time, though Mr Higgins lost his seat in the last election.
The allegations concerned two senior members of the Garda Síochána, and centred on the claim that one of the gardaí under investigation had worked closely with two high-ranking members of the force, and as a result that the allegations against him were not being pursued vigorously.
The tribunal has asked Mr Higgins and Mr Howlin to identify the source of these allegations, but they have refused, citing privilege under Article 15.10, 15.12 and 15.13 of the Constitution, which all relate to Dáil privilege.
In particular, Article 15.10 states: "Each House . . . shall have power to ensure freedom of debate, to protect the official documents and private papers of its members, and to protect itself and its members against any person or persons interfering with, molesting or attempting to corrupt its members in the exercise of their duties." Lawyers acting for the two politicians argued to the chairman and sole member of the tribunal, Mr Justice Morris, that these articles covered the communications they received, but this was rejected by the tribunal, and an order of discovery was made against them. They are seeking a judicial review of this order, and a 28-day stay was placed on it to allow them to do so.