The main political parties have agreed in principle to support motions in the Dáil and Seanad next week expressing support for two Oireachtas members who may be asked to disclose sources of information to the Morris Tribunal.
Such motions, if carried, would represent an unprecedented assertion by the legislature of its rights, which it sees as under threat, as a result of efforts to compel Labour deputy Mr Brendan Howlin and Fine Gael Senator Mr Jim Higgins to reveal sources of information concerning alleged corruption in the Garda force in Donegal.
The Morris Tribunal, which is investigating the corruption allegations, will listen to arguments on February 10th as to whether it should order Mr Howlin and Senator Higgins to reveal sources of information.
The two Oireachtas members will insist the information was given to them on a confidential basis. The two, then justice spokesmen for their respective parties, passed on the information to the then Minister for Justice, Mr John O'Donoghue.
The main political parties have held talks this week seeking to agree how best to signal support for their two colleagues. The Fine Gael and Labour Party leaders met the Ceann Comhairle of the Dáil, Dr Rory O'Hanlon, on Wednesday to discuss the appropriateness of a motion asserting the right of individuals to give information to Oireachtas members in confidence. The Government Chief Whip, Ms Mary Hanafin, has also been involved in discussions on the issue.
There is broad support for the idea of putting such a motion. However, the Oireachtas is taking legal advice to ensure any such motion was not seen to encroach on the independence of the tribunal, which was established by resolution of the Oireachtas.
The two men's claim to confidentiality is not based on the traditional right to parliamentary privilege, as it does not relate to anything that was said within either chamber of the Oireachtas. Rather, they are asserting that individuals have the right to give information to Oireachtas members in confidence without fear of having their identities revealed. This claim is similar to that frequently made by journalists in relation to the protection of sources of information.
They are also expected to rely on Article 15.10 of the Constitution, which says each House of the Oireachtas has power "to protect its official documents and the 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".
They will also rely on the Supreme Court judgment during the beef tribunal which upheld the right of deputies Mr Dick Spring and Mr Pat Rabbitte to protect members of the public who provided them with information. No legislation to protect that right is being considered at the moment, according to a Government source, pending the outcome of the appearance of Mr Howlin and Mr Higgins at the tribunal.
If the two are ordered to disclose their sources, they may refuse to do so.