TDs and senators were last night discussing the possibility of an unprecedented legal confrontation with the judiciary over an order on two politicians to give confidential information to a tribunal.
The Oireachtas Committee of Procedure and Privileges was expected last night to agree to go to the High Court to seek a judicial review of the direction by the Morris tribunal on Labour TD Mr Brendan Howlin and Fine Gael senator Mr Jim Higgins.
The Oireachtas challenge was being considered as Mr Howlin and Mr Higgins prepared to take personal actions against the tribunal. The confrontation will be highly unusual in that it was the Oireachtas which set up the tribunal.
By placing a one-month stay on its direction of February 28th to allow the politicians to consider its decision, the tribunal has anticipated action by the committee, a meeting of which follows receipt of a legal opinion last week. The party whips met in advance of the meet- ing. It is believed they were seeking to formulate a cross-party position.
A decision to go the High Court would raise the prospect of hearings in the Supreme Court because both sides are considered likely to appeal any adverse ruling by the High Court.
The tribunal, which is investigating claims of corruption against certain gardaí in Co Donegal, wants the politicians to identify who made the allegations to them in 2000. They were approached separately by an unnamed individual, presumed to be a serving or former garda.
When relayed to the then Minister for Justice, Mr O'Donoghue, the allegations were instrumental in the establishment of the tribunal, which is chaired by former president of the High Court, Mr Justice Frederick Morris.
It is understood the Cabinet did not address the matter at its meeting yesterday.
