Labour has tabled a motion calling on the Oireachtas to take a High Court action against the Morris tribunal over its demand for confidential information held by two politicians.
The move comes a week after the tribunal ordered the Labour TD, Mr Brendan Howlin, and Senator Jim Higgins of Fine Gael to identify who made corruption allegations to them against certain gardaí in Co Donegal.
The politicians have refused, stating that their right to receive information in confidence should be protected. Information they gave to the then government in 2000 was instrumental in the establishment of the tribunal, which is investigating the corruption allegations.
The Ceann Comhairle of the Dáil, Dr Rory O'Hanlon, met the chief whips of the main parties yesterday to discuss a possible action by the Committees on Procedure and Privileges.
The whips will discuss a legal opinion, which is expected to delivered today, with a view to adopting a common position in advance of meetings of the committees on Tuesday evening.
The Labour chief whip, Mr Emmet Stagg, described the party's motion as a draft. He was open to changing it if that was required to secure cross-party support. Mr Stagg said Dr O'Hanlon had been very helpful in his stewardship of the case.
It is understood that the Government has not yet decided whether to indemnify Mr Howlin and Mr Higgins against the costs of their separate actions against the tribunal.
However, Cabinet members are believed to be sympathetic to the provision of indemnity, which would protect the politicians from exposure to the costs of what could be expensive and long-running court action.
"This is an issue that Government will have to address fairly shortly," said one source.
Cross-party agreement on a High Court challenge would raise the prospect of an unprecedented legal confrontation between the Oireachtas and the judiciary. Whatever ruling the High Court makes in a judicial review is likely to be appealed to the Supreme Court.
