A Dáil committee has been ordered to pay the legal costs of Labour TD Brendan Howlin, who tried unsuccessfully to keep confidential his source of allegations against certain gardaí which would allegedly compromise the then Carty inquiry into Garda corruption in Co Donegal.
The source was identified last month as senior counsel Martin Giblin after the Supreme Court directed Mr Howlin to disclose to the Morris tribunal documents that would reveal his informant's identity.
The corruption inquiry is now being handled by the Morris tribunal.
The matter again came before the Supreme Court yesterday to determine who should pay the costs of the proceedings, which are expected to amount to more than €500,000.
Maurice Collins SC, for the tribunal, applied for his costs while Gerard Hogan SC, for Mr Howlin, argued that, because the case raised important and novel constitutional issues and not a personal interest of the TD, his client should not have to pay costs.
John Gleeson SC, for the Dáil Committee on Procedures and Privileges, argued against costs being imposed on the committee.
Chief Justice Mr Justice John Murray said the five-judge court had decided that costs should be awarded to the tribunal against the Dáil committee.
Mr Justice Murray said the issues in the case related to Article 15.10 of the Constitution, which dealt with protecting members' private papers from disclosure.
The court was satisfied the tribunal was entitled to its costs against the committee.
Eircom plc was also entitled to have the Dáil committee pay both its legal costs and the expenses it incurred in providing phone records to the tribunal.
The proceedings arose after the Morris tribunal made discovery orders in 2003 against Mr Howlin and Fine Gael TD Jim Higgins.
They were told to disclose documents relating to allegations made to them and which both politicians had put before the Minister for Justice in 2000.
The allegations implied that two senior gardaí may have acted with impropriety, with the effect that the inquiry by Asst Garda Commissioner Kevin Carty into matters in Co Donegal might be compromised.
Both politicians declined to reveal their sources and took High Court proceedings challenging the discovery orders. The proceedings against Mr Higgins were resolved after his source - Co Donegal publican Frank McBrearty snr - agreed to disclosure of his identity.
Welcoming the court's decision yesterday, Mr Howlin said he had acted properly at all times in relation to this matter of public interest.
He said the Oireachtas would now have to deal with what protections were afforded under Article 15.10 to members' private papers.
The Dáil committee was meeting shortly to consider this.
In its judgment last month the Supreme Court found members of the Oireachtas have no absolute constitutional privilege to withhold documents in their possession from parties outside the Oireachtas.
In his judgment, Mr Justice Hugh Geoghegan held that whatever powers the Dáil committee had under Article 15.10 to "protect" the "private papers" of members, the committee had not validly exercised those powers in this case.
He also failed to see how either House of the Oireachtas could avail of Article 15.10 to plead absolute privilege over members' documents in proceedings in a court or tribunal.
